There is a new development in the fight over abortion access in Idaho.
The Ninth Circuit Court of Appeals has reversed an injunction by a federal judge in Idaho that previously protected Emergency Room doctors from facing charges for performing abortions under a federal law known as the Emergency Medical Treatment and Labor Act (EMTALA).
The federal act impacts healthcare facilities that receive Medicare funding, guaranteeing stabilizing health care to all patients seeking emergency treatment, including pregnant women.
The Department of Justice had previously argued that Idaho's state abortion law violated EMTALA, saying the state's ban on abortion put healthcare workers in the impossible situation of facing criminal charges for treating their patients.
The ruling means Emergency Room physicians can now be prosecuted if they perform an abortion to stabilize a patient unless they explicitly qualify for the law's written exception acting to "prevent the death of a pregnant woman".
Planned Parenthood reacted in a statement saying in part:
Anti-abortion politicians have already banned abortion in the state of Idaho. And now it’s being taken a step further by taking away people’s ability to access emergency care when they need it the most. We’re dedicated to prioritizing our patients’ health and wellbeing - even if our state won’t.
