The U.S. Supreme Court on Friday agreed to hear a challenge to Idaho’s Defense of Life Act, which the Biden administration has said conflicts with a federal statute that requires some exceptions to abortion bans.
The court’s action comes in response to a request by the Office of the Attorney General of Idaho, with the assistance of attorneys from Alliance Defending Freedom (ADF) and Cooper & Kirk, to prevent the Biden administration from misusing federal law to force Idaho emergency room doctors to deny life-saving care to vulnerable patients.
“We are very pleased and encouraged by the Supreme Court’s decision,” said Idaho Attorney General Raul Labrador. “The federal government has been wrong from day one. Federal law does not preempt Idaho’s Defense of Life Act. In fact, EMTALA [Emergency Medical Treatment and Labor Act] and Idaho’s law share the same goal: to save the lives of all women and their unborn children.”
Labrador continued, “My office of solicitor general—together with the experienced and highly-respected Supreme Court advocacy firms I’ve selected to assist us—looks forward to representing the people of Idaho before the Supreme Court. The administration’s lawless attempt to override Idaho’s decision to preserve all our citizens’ lives must be stopped.”
Women and unborn children deserve to know that emergency room doctors will do everything possible to preserve their lives, said ADF Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practices.
“This includes treating women experiencing ectopic pregnancies, miscarriages, and other life-threatening conditions,” Hawley said. “The government has no business forcing emergency room physicians to violate their duty to provide life-saving care to all, including unborn children. We are proud to serve alongside the state of Idaho to ensure doctors can freely and safely serve women and their families.”
Brandi Swindell, founder and CEO of Stanton Healthcare, a pro-life medical clinic in Idaho, applauded the Supreme Court for upholding the Defense of Life Act, which she said “protects innocent children from abortion violence and women from abortion abuse.” Swindell said the law allows for abortion exceptions if the pregnancy poses a threat to the mother’s life or is a result of rape or incest.
“It is critical that Idaho’s emergency rooms are not turned into ‘abortion clinics,’” Swindell said in a statement provided to the Christian Post.
“At Stanton Healthcare, we will continue to provide exceptional medical care, tangible support and hope to women facing unexpected pregnancies as we work to make abortion unthinkable and end abortion abuse,” she continued.
Under the law, a health care worker who conducts an abortion can face up to five years in prison and the suspension or revocation of his or her license.
In a friend-of-the-court brief, 20 states united in support of Idaho’s efforts to preserve life-saving care for women and children from government overreach.
The justices’ order Friday takes the case away from the appeals court. A decision is expected by early summer from the high court.
Idaho’s law, which was enacted in 2020, contained a trigger provision that kicked in 30 days after any Supreme Court decision “that restores to the states their authority to prohibit abortion.” The decision in the the Dobbs case was handed down in July 2022, and the law was set to take effect in August 2022.
The Justice Department filed a lawsuit, arguing that the law forces doctors to violate the Emergency Medical Treatment and Labor Act. A lower court sided with the administration and blocked the law.