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Idaho leaders respond to federal decision over abortion law

"I think that it was a clever way for the Biden administration to get around a Supreme Court decision," Blanksma said. "I think that's what it is."

BOISE, Idaho —

Idaho's legislative leaders are responding to the recent decision over Idaho's abortion "trigger" law, after a federal judge issued a partial pause on the abortion law.

The Idaho House Republican Caucus issued a statement in response, pledging to fight the ruling because "some of Idaho’s preborn children may die because of this injunction, children whose lives the Idaho law otherwise would have protected."

"We're disappointed. We were hoping that the judge would go another direction, but it is what it is," Republican Majority Caucus Chair Megan Blanksma said. "And we're now in the process of discussing with the attorneys what we need to do and what our options are going forward."

The judge ruled that Idaho's law conflicts with the Emergency Medical Treatment and Labor Act, which requires doctors to stabilize patients in emergencies and can include various medical procedures. 

There is no exception written into the abortion law, Idaho code 18-622, for a health risk, which falls under the EMTALA umbrella.

Republicans at the statehouse believe the Idaho law leaves room for providers to make correct medical decisions, regardless of what EMTALA says. Blanksma said the Idaho law also considers medical emergencies.

"It's not as if we didn't consider the health of the mother when we wrote the legislation; that's why it's written in there," Blanksma said. "So this false narrative the Democrats and the Department of Justice and the administration keep pushing, that this is some sort of total abortion ban, is completely false. That is a false narrative."

Democratic minority leader Ilana Rubel said the ruling just permits doctors to provide emergency abortions when necessary to save the woman's life.

"So we are only talking about situations here where a woman is facing a life-threatening infection, loss of a body, organ paralysis, obesity," Rubel said, "you know, major health consequences."

Abortion can be used to resolve hemorrhaging, sepsis or ectopic pregnancies, which is a life-threatening condition where the embryo develops outside the uterus and can rupture the fallopian tube.

"I think that it was a clever way for the Biden administration to get around a Supreme Court decision," Blanksma said. "I think that's what it is."

"Why are they appealing it then? If this is what they say it's implied, that there's some exception for women's health, then why are they so outraged that the judge is trying to make that clear?" Ilana Rubel said. "That's all this judge's ruling does; it makes clear that, yes, you can treat a woman where there's a health emergency. Republican leadership is saying 'unacceptable, we want to overturn this ruling and make clear that there is no exception for the health of the mother'."

The statement from the House Republican Caucus continued, saying "Idahoans have a strong, shared concern for and high value on the life of Idaho’s preborn children. The death of even one preborn child in these circumstances is a tragedy, yet such deaths are the purpose and consequence of the current federal administration’s case against Idaho and the Idaho law."

The Republican Caucus also stated that they would be pursuing all legal means in order to bring the injunction to an end as quickly as possible, "to protect the lives of as many of these children as possible."

Democrats say they will also put up a fight.

"We are going to hope that somebody listens to our call today to stop litigating this," Rubel said. "Failing that, we certainly hope that voters will pay attention to this in November. And it's not just women. There are a lot of men who have women in their lives who hopefully don't want to see them, you know, dead or suffering, grievous health consequences. We are in a completely unacceptable situation right now. And our laws need to change. Our lawmakers need to change."

Blanksma said the caucus will meet with attorneys to discuss what options are available moving forward.

"You either trust the process or you don't," Blanksma said. "We disagree with the decision, but right now we're looking at what we need to do as far as process."


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