BOISE, Idaho – The federal Supreme Court will hear oral arguments pitting the State of Idaho against the US Department of Justice on April 24. The Court will decide whether Idaho’s restrictive abortion laws violate the national Emergency Medical Treatment and Labor Act.
Reproductive healthcare has been illegal in Idaho with few exceptions since the landmark 2021 Dobbs decision ending the federal right to abortion.
Planned Parenthood of Greater Washington and North Idaho Communications Director Mack Smith says the organization is preparing for the case.
“We’re gearing up for [Idaho v. United States] which focuses on the conflict between Idaho’s current abortion ban and EMTALA which states that people must receive emergency, lifesaving care,” Smith said.
Under current Idaho state law, abortion is illegal besides cases of rape or incest. The Justice Department argues that current state law is endangering lives by forcing doctors to refuse to perform medically necessary abortions due to the potential legal risks created by Idaho law.
“The physician may well find herself facing the impossible task of attempting to simultaneously comply with both federal and state law,” the Justice Department said.
Under the EMTALA, medical providers are required to offer emergency care. The Justice Department’s central assertion is that current Idaho law violates that act by prohibiting abortion care in all cases besides rape or incest.
How the Court rules on the case will have significant national consequences. If the Court rules in favor of the Justice Department, then states with the most restrictive abortion laws will need to change legislation to accommodate emergency reproductive care.
If the Court rules in the State of Idaho’s favor, abortion care will not be provided to women in life-threatening circumstances in states where there are no medical clear exemptions.
The case could prove politically consequential ahead of the November general election. Democrats have focused on reproductive health as a messaging priority , which the party perceives as a winning issue with college-educated voters.
The Biden Administration has emphasized the gulf between the president and Republicans on abortion frequently in past weeks.
“Republican elected officials…are doubling down on their assault on fundamental freedoms by proposing ever-more extreme bans in states,” the White House said on March 7.
Former president Donald Trump has been relatively silent about abortion in recent months. On Tuesday he punted a question about whether he supported a six-week abortion ban.
“We will be making a statement next week on abortion,” Trump said.
Idaho Governor Brad Little signed the law currently before the Supreme Court and signed an amicus brief in the Dobbs decision which reversed Roe v. Wade.
Because Little is not up for reelection this cycle, the Court’s ruling is less likely to impact him than his peers in both major parties running this November.
Regardless of the outcome, Idaho v. United States will mark a significant moment for abortion law on a national scale.
