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Idaho Supreme Court Temporarily Grants Permission for Emergency Abortions


The Supreme Court declined to rule on whether Idaho’s strict abortion law conflicts with a federal law requiring emergency medical care, including abortions when necessary. This decision leaves the legal question unresolved, meaning doctors in Idaho can continue to perform abortions in emergency situations for now. Justice Ketanji Brown Jackson dissented, expressing frustration with the lack of resolution. The court’s failure to issue a ruling has implications for other states with similar abortion bans that clash with federal law. The federal government argues that the law requires abortions in certain health-related complications, but Idaho’s ban does not include broad exceptions for the mother’s health. If former President Trump wins the election, the legal position could change, further complicating the issue. The Idaho law, enacted in 2020 and put into effect in 2022, imposes criminal penalties on those who perform abortions. The federal government sued to block provisions of the law that conflict with the Emergency Medical Treatment and Labor Act. The Supreme Court will not hear further arguments on the case, leaving confusion about whether federal law trumps state abortion bans. The court’s decision has no impact outside of Idaho at this time, but the dispute remains ongoing.

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