Supreme Court allows Idaho abortion ban to be enacted, first such ruling since Dobbs

The U.S. Supreme Court intervened on Friday, putting into effect a law in Idaho that practically banishes abortion, even in cases of medical emergencies. The court also agreed to listen to an appeal on the matter this coming April. This marks the first instance of the Supreme Court weighing in on a state's criminal legislation against abortion since overturning Roe v. Wade in 2022. Idaho is at the forefront of states advocating for criminalizing abortion; their "Defense of Life Act" criminalizes anyone attempting to perform abortions, even in instances where the woman's health is gravely imperiled. The law only exempts abortions necessary to prevent a woman's death.

In August 2022, the Biden administration successfully filed a lawsuit to halt Idaho's law, arguing it illegally clashes with the federal Emergency Medical Treatment and Labor Act. This federal law stipulates that hospitals must provide essential stabilizing treatment when the mother's health is at risk. The court concurred that Idaho's exemption only in cases of mortality is narrower than the federal mandate, which safeguards patients from not merely impending death but also emergencies that significantly endanger their health.

As explained in the government's brief, there are cases in emergency rooms in Idaho where patients with nonlethal ailments such as infections, pre-eclampsia, or premature preterm rupture of membranes need pregnancy termination as the necessary stabilizing care to avert serious consequences like strokes, sepsis, and kidney failure.

The lower court concurred that it's not feasible to comply with both federal and state legislation, and halted Idaho's law just before it was to become effective. That decision was momentarily revoked by a three-judge panel of the Ninth Circuit Court of Appeals, all Trump appointees, but was quickly reversed by the full Ninth Circuit, thereby keeping Idaho's law in abeyance until the Ninth Circuit adjudicates the case.

Friday saw the Supreme Court step in to impose Idaho's criminal abortion ban with an agreement to consider an appeal in April. This action could have far-reaching implications, potentially driving other states with less stringent bans to enact stricter legislation.