WASHINGTON DC – An Idaho judge on Wednesday blocked a controversial law that was scheduled to go into effect tomorrow that would have banned nearly all abortions, including those where the mother’s health is at risk.
Judge B. Lynn Winmill sided with the US government, which was appearing as the plaintiff, and ruled that Idaho cannot prohibit abortion in situations in which its practice follows the standards set by the federal Administration for emergency care.
In essence, the judge indicates in his brief that Idaho has jurisdiction to legislate on abortion, but that it is limited by federally imposed health regulations.
On August 12, the Idaho Supreme Court had ruled in favor of the state’s Republican government and given its approval to apply the abortion law.
By three votes in favor and two against, the highest court in the state denied the petition of the abortion organization Planned Parenthood, which requested that the entry into force of the regulation be blocked on August 25, alleging that it violates the rights of privacy and equal protection under the law.
In addition to Planned Parenthood, on August 2, the US Attorney General, Merrick Garland, announced another lawsuit against Idaho, considering that its anti-abortion law “criminalizes doctors” and prevents them from freely performing pregnancy interruptions when women’s health is at risk.
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The Department of Justice sued Idaho for violating the federal Emergency Medical Treatment and Labor Act, to try to protect physicians who have to intervene when abortion is “medical treatment necessary to stabilize a patient’s emergency medical condition.” “.
It was the first action by the Department of Justice against a state since last June the Supreme Court annulled the ruling “Roe v. Wade” and thus eliminated the federal protection of the right to abortion, ceding their legislation to the states.
And it will not be the only one, as explained at a press conference by Garland, who pointed out that the working group on reproductive rights created as a result of the Supreme Court’s decision is dedicated to evaluating “the changing landscape of state laws” and they are already studying “additional litigation” against other states.