Fri Sep 20, 2024 – 10:20 am EDTFri Sep 20, 2024 – 10:21 am EDT
SEATTLE (Alliance Defending Freedom) — The Office of the Idaho Attorney General, with the assistance of attorneys from Alliance Defending Freedom, filed its opening brief Friday with the U.S. Court of Appeals for the 9th Circuit, asking it to stop the Biden-Harris administration from misusing federal law to override Idaho’s Defense of Life Act. Idaho’s law protects the lives of women and their unborn children, preventing doctors from performing abortions unless necessary to save the life of the mother or in cases of rape or incest.
In August 2022, the administration sued Idaho, claiming that it could use the federal Emergency Medical Treatment and Active Labor Act and pay private hospitals to violate Idaho’s protections for life. But as the newly filed brief explains, the federal government cannot pay private parties to circumvent state law. And no conflict exists between EMTALA and Idaho’s law, as both seek to save lives, and neither requires abortions to be performed. In June, the U.S. Supreme Court sent the case back to the 9th Circuit for further consideration. That court will hear the case in December.
READ: Abortion and infanticide
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