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Idaho Can’t Enforce Abortion Ban in Medical Emergencies, Judge Says

The state cannot enforce its near-total ban, set to take effect on Thursday, when a woman’s pregnancy poses significant health risks.

A federal judge on Wednesday evening barred Idaho from enforcing its restrictive abortion ban in medical emergencies, granting a partial victory to the Biden administration in its first lawsuit filed after the Supreme Court overturned Roe v. Wade earlier this year. U.S. District Judge B. Lynn Winmill said the “trigger” law, which was set to take effect Thursday, violates a federal statute that requires Medicare-affiliated hospitals to treat patients whose life or health is at risk. The original language of the legislation bans abortions in all cases except those involving rape, incest, or when necessary to prevent the patient’s death. Winmill’s preliminary injunction means that a doctor cannot be prosecuted if they perform an abortion to safeguard the health of the pregnant person. His ruling clashed with that of a judge in Texas, who decided against the Biden administration in a late-night Tuesday order.