WASHINGTON (AP) — The Trump administration announced plans on Tuesday to allow Idaho to enforce its strict abortion law, even when pregnant women face medical emergencies. This marks a notable shift from the previous administration in an ongoing legal case.
Idaho’s largest hospital system, St. Luke’s Health System, expressed that it may have to transfer women out of state for necessary care if the federal lawsuit is dismissed. This concern led a judge to issue a temporary order, permitting doctors to provide abortions deemed essential in emergencies.
The federal lawsuit filed by the Biden administration could be dropped as soon as Wednesday, according to St. Luke’s communication with the Justice Department. If this happens, it would be one of the first significant actions the new administration takes regarding abortion. During his first term, former President Donald Trump appointed many Supreme Court justices who later voted to overturn the federal right to abortion in 2022, saying the decision should be left to individual states.
Since the overturning of Roe v. Wade, reports of pregnant women being denied care in U.S. emergency rooms have surged, raising concerns about what treatments hospitals can legally provide. The Biden administration’s lawsuit argued that federal law requires doctors to perform abortions in emergencies that endanger a patient’s health, even if it conflicts with Idaho’s stringent abortion ban.
Idaho officials countered that their state law permits abortions only in life-threatening circumstances and accused the Biden administration of trying to expand those exceptions unlawfully.
Last year, the Supreme Court stepped into the Idaho case, ruling narrowly to allow hospitals to make emergency termination decisions. However, the court did not address several significant legal questions, which remain unresolved as they await a decision from the 9th U.S. Circuit Court of Appeals.
Idaho’s Deputy Attorney General argued against St. Luke’s request for a restraining order, claiming they were attempting to misinterpret federal law and undermine the Idaho Legislature’s authority in setting medical guidelines.
Every year, around 50,000 people in the U.S. experience life-threatening complications during pregnancy, which may necessitate urgent medical intervention, including abortion. Some Idaho doctors reported that under the strict ban, women faced delays in receiving care and were sometimes transferred to out-of-state facilities, which previously would not have been necessary.
One doctor stated that many medical professionals operated in fear, worried that patients presenting in critical condition might not receive the necessary care due to legal constraints. The law allows for life-saving abortions, but determining when a case becomes critical remains ambiguous.
Additionally, the Trump administration has been given extra time to respond in another case where states like Idaho, Kansas, and Missouri are trying to limit access to the abortion pill mifepristone. Under Biden’s administration, the government defended access to the pill.
Since 2022, many Republican-led states have begun enforcing various abortion bans or limitations. Currently, 12 states enforce bans on abortion at all stages of pregnancy with limited exceptions, and four states have implemented bans around six weeks into pregnancy, often before many women realize they are pregnant.
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