Attorney General Ferguson has issued a statement in response to the U.S. Supreme Court's decision to send the challenge to Idaho’s near-total abortion ban back to lower courts, temporarily allowing emergency abortions to resume.
"Idaho’s draconian law is back on hold for now, but the challenges to people’s ability to get emergency health care involving an abortion are very real, and very serious," Ferguson said. "Washington continues to protect access to life-saving and health-preserving care, including abortions. We know that anti-choice extremists will not stop attacking reproductive health care, even when it costs women’s lives. We will fight even harder to protect it."
The decision sends the case back to the U.S. District Court for the District of Idaho and restores that court’s order allowing emergency abortions while the case continues. The ultimate decision in the Idaho case will not affect emergency care in Washington. State law requires hospitals in Washington to provide necessary emergency health care, including emergency abortion care.
Gov. Jay Inslee issued a policy directive on June 11 requiring the Department of Health to issue guidance clarifying hospitals’ legal obligations and affirming that state law remains unchanged regardless of this ruling.
Ferguson and a coalition of 21 attorneys general filed a friend-of-the-court brief supporting the U.S. Department of Justice’s lawsuit challenging Idaho’s restrictive abortion law. The lawsuit asserts that because Idaho’s law does not have adequate exemptions for emergency lifesaving care, it violates the federal Emergency Medical Treatment & Labor Act (EMTALA). EMTALA mandates hospitals provide emergency care until patients are stabilized.
Ferguson argues that Washington’s healthcare system would be further strained by an influx of patients traveling from Idaho for prohibited healthcare services. He also contends that Idaho's restrictive law denies federally required emergency care for Washingtonians who are students, workers, or visitors in Idaho.
In January, the U.S. Supreme Court stayed a lower court order and allowed the ban to go into effect while considering the case. Since then, there has been a sharp increase in emergency flights out of state for urgently needed abortions. Twenty-two percent of Idaho's practicing obstetricians have left since the ban took effect, resulting in half of Idaho's counties without an obstetrician.
Dr. Jim Souza, chief physician at Idaho’s largest hospital system, described dilemmas faced by doctors: "Is she sick enough? Is she bleeding enough? Is she septic enough for me to do this abortion and not risk going to jail and losing my license?"
Dr. Caitlin Gustafson, an Idaho family physician, wrote: “As a result, pregnant patients sometimes make repeated trips to the ER because they’re told time and time again that nothing can be done for them until their complications get more severe... Requiring patients to get right up to the point of no return before administering care is not sound medical policy — it’s naked cruelty.”
A recent University of Washington study found that abortions provided to individuals from other states increased by 50% since Roe v. Wade was overturned by Dobbs v. Jackson Women's Health Organization.
“While one week delay does not sound significant, any delays in receiving abortion care are problematic because it adversely affects the health of the pregnant person,” senior author Dr. Emily Godfrey said.
Ferguson's 2022 amicus brief noted a massive influx of patients from Idaho into Eastern Washington clinics after Roe v Wade was overturned; some clinics reported being fully booked weeks out due to increased demand.
Ferguson has produced a “know your rights” brochure available on his office's website as well as forms for filing complaints about violations regarding reproductive rights under state law.
Anyone with complaints or concerns about violations is encouraged to file with Attorney General's Office.
More information on abortion access in Washington is available from the Department of Health.
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Washington's Attorney General serves both residents and state entities through legal representation and enforcement across various domains such as consumer protection and civil rights laws.
Visit www.atg.wa.gov for more details.