Attorney General Kwame Raoul, along with a coalition of 24 attorneys general, has submitted an amicus brief in the case United States v. Idaho. The aim is to protect access to emergency abortion care in Idaho by urging the United States Court of Appeals for the Ninth Circuit to uphold a lower court's preliminary injunction against Idaho's restrictive abortion ban.
Raoul emphasized the importance of access to emergency abortion care, stating, "No pregnant patient experiencing an emergency health condition should be denied care or be forced to travel long distances for life-saving treatment." He further added, "Emergency abortion care saves lives and prevents further bodily harm, and a patient’s access to a potentially-lifesaving abortion should not depend upon the state in which they reside."
The federal Emergency Medical Treatment and Labor Act (EMTALA) mandates that hospitals with emergency departments participating in Medicare must treat patients with emergency medical conditions before discharge or transfer. Raoul and his colleagues argue that emergency abortion care falls under EMTALA's provisions, making Idaho's ban unenforceable.
The coalition argues that allowing Idaho to bypass EMTALA protections could result in severe consequences for pregnant patients, including death or irreversible injuries. Additionally, it may lead healthcare providers to leave Idaho, exacerbating patient care issues as neighboring states' systems become overwhelmed. Since the implementation of Idaho’s abortion ban, nearly one in four obstetricians have left or retired from the state.
Earlier this year, a multistate coalition filed an amicus brief with the United States Supreme Court on this matter. The Supreme Court returned the case to the Ninth Circuit while maintaining the district court’s injunction.
Joining Attorney General Raoul are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.