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Tags: winmill | idaho | abortion | scotus | law

Report: Judge Likely to Rule Idaho Abortion Ban Violates Federal Law

Abortion definition
Abortion definition. (Dreamstime)

By    |   Monday, 22 August 2022 04:52 PM EDT

A federal judge in Idaho is signaling he may rule that a new Idaho abortion ban violates federal law after hearing oral arguments Monday.

The Idaho Capital Sun reported that U.S. District Court for the District of Idaho Judge B. Lynn Winmill suggested after hearing oral arguments Monday that he may rule by Wednesday that the state's new abortion ban may violate federal law and may need to be limited before it takes effect on Aug. 25.

The law, signed by Republican Gov. Brad Little on March 23, restricts almost all abortions from being performed, except to save the life of the mother, and was "triggered" to become effective once the United States Supreme Court struck down 1973's Roe v. Wade decision, which had legalized abortion nationwide.

It includes criminal penalties for doctors that perform, or prescribe drugs to cause an abortion, and also exposes them to civil penalties.

The Idaho Supreme Court upheld the law in its ruling Aug. 12, denying a requested stay by Planned Parenthood and others.

Just prior to the state court ruling, the Department of Justice filed a lawsuit claiming the law violates the federal Emergency Medical Treatment and Labor Act that requires healthcare providers that accept Medicare funds to "provide stabilizing" care to patients during a medical emergency.

"Federal law is clear: Patients have the right to stabilizing hospital emergency room care no matter where they live," Department of Health and Human Services Secretary Xavier Becerra said in a press release announcing the litigation Aug. 2. "Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions."

According to that lawsuit, 43 hospitals in Idaho receive Medicare payments.

Winmill said that doctors could only avoid the criminal and civil penalties by arguing in court that they "were acting in good faith" that the life of the mother was in danger if the abortion was not performed, Reuters reported Monday.

"It would be the rare situation where a doctor is willing or anxious to push the limits and go right up to the edge of what is allowed under the Idaho abortion statute," Reuters reported Winmill, an appointee of former Democratic President Bill Clinton, saying in court.

Around half of the states are contemplating abortion restrictions following the U.S. Supreme Court's June decision to remand the issue back to the states.

© 2022 Newsmax. All rights reserved.


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A federal judge in Idaho is signaling he may rule that a new Idaho abortion ban violates federal law after hearing oral arguments Monday.
winmill, idaho, abortion, scotus, law
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2022-52-22
Monday, 22 August 2022 04:52 PM
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