Idaho legislature have filed legal papers urging a federal judge to reconsider his ruling misusing a federal law to make hospital do abortions. They want him to hurry up because this is a “life or death” situation for unborn babies.
Idaho is one of 15 states to ban abortions following the Supreme Court decision to overturn Roe v. Wade.
As LifeNews reported last month, a new abortion ban went into effect that will save babies from abortions even though a federal judge issued a ruling late last night siding with the Biden administration on abortions in very rare emergency situations.
Previously, the Idaho Supreme Court allowed the state’s heartbeat law to be enforced that protects the lives of unborn babies when they have a detectable heartbeat at 6 weeks. In a 3 to 2 decision the court upheld the civil enforcement mechanism contained in the Idaho Heartbeat Law. They further stated that Planned Parenthood is unlikely to succeed in its efforts to challenge the civil enforcement mechanism or the criminal penalties of the Heartbeat Law.
The state’s highest court also rejected Planned Parenthood’s bid to block the state’s trigger law from going into effect on August 25th, which would protect babies starting at conception.
However, a federal judge blocked a portion of the abortion ban from going into effect — saying that abortions must be allowed in cases where the life of the mother is in danger or in medical emergencies (which the law already allows). The Biden administration is hoping to misuse a federal law that requires protection for unborn babies to assert that aboritons have to be done in more circumstances than the law already allows. A Democrat-appointed judge sided with the administration in a decision that will assuredly be appealed.
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Despite the decision, most of the Idaho abortion ban remains in force to protect babies from abortions that would protect all babies and only allow abortions when a pregnant woman’s life were endangered or if the pregnancy was a result of rape or incest that was reported to law enforcement.
Today, Idaho legislators asked the judge to allow the abortion ban to be fully enforced:
In a brief filed Wednesday, Daniel W. Bower and Monte Neil Stewart submitted a request for U.S District Judge B. Lynn Winmill to amend or rescind his ruling from Aug. 24, which partially blocked Idaho’s abortion ban when conflicting with EMTALA.
“Modifying the preliminary injunction in this way is literally a life-and-death matter. Some of Idaho’s preborn children may well die as a consequence of the Idaho Order as now written— children whose lives Idaho’s 622 Statute protects properly and constitutionally,” the brief said.
The Legislature argues that EMTALA expresses concern in medical emergencies for a fetus, so they say that the Biden Administration deliberately ignored this portion of the act to serve their own interests as an “erasure scheme.”
The brief calls the Department of Justice’s actions a “political maneuver” to “repurpose EMTALA” as a Roe/Casey restoration act.
The brief cites a Texas ruling on the state’s abortion ban — a judge ruled that Texas’ ban does not conflict with EMTALA.
“Because EMTALA simply ‘does not resolve how stabilizing treatments must be provided when a doctor’s duties to a pregnant woman and her unborn child possibly conflict,’ id. at 49, “EMTALA leaves [that resolution] to the states,” the brief said.
“The people of Idaho enjoy constitutional authority to govern themselves with respect to abortion, and no federal statute, however overread by an Administration committed to countering Dobbs, can lawfully diminish that authority,” it said.
As LifeNews reported, the Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.
Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.
Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.
Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.
Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.
The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
Polls show Americans are pro-life on abortion and a new national poll shows 75% of Americans essentially agree with the Supreme Court overturning Roe.
Despite false reports that abortion bans would prevent doctors from treating pregnant women for miscarriages or ectopic pregnancies, pro-life doctors confirm that is not the case. Some 35 states have laws making it clear that miscarriage is not abortion and every state with an abortion ban allows treatment for both.