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The Supreme Court granted Idaho permission to continue enforcing its strict abortion ban that can penalize doctors for performing the procedure even in emergencies.
In an order released on Friday evening, the court granted two requests from state officials that claimed a federal statute requiring doctors to perform emergency stabilizing care to patients did not include an abortion procedure.
In granting the requests, the court put a lower court ruling on hold that blocked a portion of Idaho’s Defense of Life Act which imposes penalties on doctors who perform abortions unless the physician used “good faith medical judgment” that it is necessary to protect the life of the mother.
The state’s law conflicts with guidance from the Biden Administration that claimed hospitals must provide abortions to patients in emergency situations under the Emergency Medical Treatment and Labor Act (EMTALA).
The act requires hospitals that receive federal funding to treat or stabilize a patient regardless of their ability to pay or insurance status. However, the law does not explicitly mandate which medical treatments, like abortions, are necessary
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