Idaho asked the Supreme Court on Monday to allow enforcement of the state’s abortion ban as it applies to emergency rooms, after federal courts blocked that aspect in a legal challenge from the Biden administration.
Idaho’s law allows state officials to prosecute or revoke the professional license of doctors who perform abortions unless it was necessary to prevent the woman’s death, or the pregnancy was a result of rape or incest.
The Biden administration sued in 2022, arguing that the federal Emergency Medical Treatment and Labor Act requires emergency departments to treat and stabilize any patient, and that doctors there could conclude an abortion is necessary to do so.