Idaho Appeals to Supreme Court to Reinstate Strict Abortion Law

The law, which would allow prosecution of physicians conducting abortions in some cases, is currently on hold following a challenge by the Biden Administration.

Idaho officials have asked the Supreme Court to restore a strict abortion law that would allow the state to prosecute physicians conducting abortions in some cases.
The Idaho law, enacted in the wake of the Supreme Court’s decision last year in Dobbs v. Jackson Women’s Health Organization, allows state officials to prosecute or revoke the professional license of doctors who perform abortions, except in cases where it is necessary to prevent the woman’s death or when the pregnancy results from rape or incest.
The law was originally challenged in court by the Biden Administration, which argued that the Idaho law would inhibit emergency room doctors from performing abortions that are necessary to stabilize the health of women facing medical emergencies and violated the federal Emergency Medical Treatment and Labor Act (EMTALA).
A three-judge panel of the 9th U.S. Circuit Court of Appeals in September at first agreed to let Idaho enforce its ban pending appeal, but then the full panel of appeals judges in November lifted the stay, effectively meaning the law cannot go into effect.
In a court filing on Monday, Idaho's Republican attorney general urged the Supreme Court to step in on an emergency basis to put the district court’s ruling on hold while it appeals the decision.