WASHINGTON, D.C. (KMVT/KSVT) — The Idaho Attorney General’s Office, supported by experienced Supreme Court litigators from Alliance Defending Freedom and Cooper & Kirk, submitted a filing to the U.S. Supreme Court on Tuesday. The filing urges the Court to prevent the Biden administration from misusing federal law to override Idaho’s Defense of Life Act, which safeguards the lives of women and unborn children by restricting abortions to situations necessary to save the mother’s life or in cases of rape or incest.
In August 2022, the Biden administration initiated a lawsuit against Idaho, alleging that it could utilize the federal Emergency Medical Treatment and Active Labor Act (EMTALA) to preempt Idaho’s life protection laws and compel emergency room doctors to perform abortions prohibited by Idaho. However, both EMTALA and Idaho’s legislation aim to preserve lives without mandating abortions. Following a lower court’s decision favoring the Biden administration’s attempt to reinterpret EMTALA and halt Idaho’s law enforcement, the Supreme Court intervened, allowing Idaho to uphold its protective measures for women and unborn children during the ongoing legal proceedings.
Idaho Attorney General Raúl Labrador emphasized, “Despite the narrative presented by the media and the Biden administration, both Idaho law and EMTALA share a common objective: safeguarding every life, including that of unborn children.” Labrador highlighted the compatibility of Idaho’s law with EMTALA, which explicitly safeguards “unborn children” in multiple instances. He denounced the misconception that EMTALA mandates abortion procedures and called on the Supreme Court to halt the administration’s unlawful actions and respect Idaho’s commitment to life protection.
ADF Senior Counsel John Bursch echoed these sentiments, stating, “The Biden administration lacks the authority to supersede Idaho’s laws and compel emergency room doctors to perform abortions. There is no inherent conflict between Idaho’s Defense of Life Act and EMTALA as both prioritize the well-being of women and unborn children.” Bursch urged the Supreme Court to uphold Idaho’s legislation and ensure that medical professionals are not coerced into terminating lives.
Chuck Cooper, Chairman and Founding Partner of Cooper & Kirk, asserted, “The federal government cannot enforce an arbitrary federal mandate that contradicts EMTALA’s provisions.” Cooper emphasized that the administration overstepped its bounds by attempting to utilize EMTALA to nullify Idaho’s laws, urging the Supreme Court to curb this audacious behavior.
The brief argues that the essence of the Dobbs case was to empower states to regulate abortion independently, emphasizing the importance of restoring states’ autonomy in this realm. It challenges the administration’s interference with Idaho’s governance and underscores EMTALA’s support for states’ medical regulation authority, including abortion policies.
Furthermore, the brief clarifies that EMTALA explicitly guarantees protection for unborn children and that compliance involves providing stabilizing treatment in accordance with state laws and hospital capabilities. It emphasizes that Idaho’s Defense of Life Act aligns with EMTALA, posing no threat to pregnant women’s healthcare in Idaho, as it ensures necessary medical care for women in distress.
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