Attorney General Kris Mayes has joined a coalition of 24 attorneys general in submitting an amicus brief in the case of U.S. v. Idaho. The brief, filed with the United States Court of Appeals for the Ninth Circuit, seeks to uphold a preliminary injunction that blocks Idaho's restrictive abortion ban, which lacks provisions for emergency abortion care.
"Idaho’s abortion ban is not only dangerous, it’s unlawful under federal standards," stated Attorney General Mayes. "Emergency abortion care saves lives, and we cannot allow this ban to put lives at risk or overwhelm health care systems in Idaho and its neighboring states."
The coalition emphasizes that the federal Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals with emergency departments participating in Medicare to treat all patients with emergency medical conditions before discharge or transfer. The attorneys general argue that several government agencies and courts have recognized that emergency abortion care falls under EMTALA's protections.
The brief warns that if Idaho is allowed to bypass EMTALA's protections, pregnant patients could face life-threatening situations or irreversible harm. Additionally, there are concerns about healthcare providers leaving Idaho due to these restrictions, potentially leading to inadequate patient care and increased pressure on healthcare systems in neighboring states. Following the implementation of Idaho's abortion ban, nearly one-quarter of obstetricians reportedly left the state or retired.
Earlier this year, a multistate coalition filed an amicus brief with the United States Supreme Court regarding this case, advocating for maintaining the district court’s preliminary injunction. The Supreme Court returned the case to the Ninth Circuit while keeping the district court’s stay in place.
Alongside Attorney General Mayes, attorneys general from California, Colorado, Connecticut, 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 participated in filing today's amicus brief.