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LEGAL NEWSLINE

Tuesday, November 5, 2024

Coalition files amicus brief urging protection of emergency abortion care in Idaho

State AG
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Attorney General William Tong | Official Website

Attorney General William Tong, along with a coalition of 24 attorneys general, has filed an amicus brief in the case of U.S. v. Idaho. The brief is aimed at maintaining access to emergency abortion care in Idaho by urging the United States Court of Appeals for the Ninth Circuit to uphold a preliminary injunction against Idaho's restrictive abortion ban. This ban does not allow exceptions for emergency abortion situations.

"We are talking here about lifesaving, emergency medical treatment. There is zero room for political micromanagement in these critical decisions," stated Attorney General Tong. He criticized the Supreme Court for not resolving this issue in its last session and emphasized the ongoing fight to protect patient safety during extreme medical emergencies.

The federal Emergency Medical Treatment and Labor Act (EMTALA) mandates that hospitals treat patients with emergency medical conditions before discharge or transfer, which includes emergency abortion care according to several government agencies and courts. However, Idaho's current legislation conflicts with EMTALA by not providing exceptions for such care.

The amicus brief contends that allowing Idaho's law to override EMTALA could lead to severe health consequences for pregnant patients, including death or irreversible injuries. It also warns of potential healthcare provider shortages as professionals might leave the state due to these restrictive measures. Since the implementation of Idaho's abortion ban, there has been a notable reduction in obstetricians within the state.

Earlier this year, a similar multistate coalition urged the United States Supreme Court to uphold the district court’s preliminary injunction; however, the Supreme Court remanded the case back to the Ninth Circuit while keeping the district court’s stay intact.

Joining Attorney General Tong are his counterparts from Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont Washington Wisconsin and the District of Columbia.

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