A federal judge on Wednesday granted the U.S. Department of Justice’s request to block Idaho from enforcing its abortion ban in emergency situations.
The Justice Department this month petitioned Idaho’s district court to enjoin the state’s near-total ban on abortion, saying it conflicts with the federal Emergency Medical Treatment and Labor Act (EMTALA). The Idaho law makes it a felony for physicians to provide an abortion, unless the pregnancy puts the pregnant person’s life at risk or was a result of incest or rape.
But under the federal emergency treatment law, “emergency medical conditions” include not just life-threatening conditions, but also conditions that seriously jeopardize a patient’s health.