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Portion of Idaho's abortion ban paused, again

The 9th U.S. Circuit Court of Appeals granted a request Tuesday for a rehearing on how Idaho's abortion law interacts with EMTALA.

BOISE, Idaho — In the latest twist of the legal battles over Idaho's near-total abortion ban, a federal appeals court has temporarily blocked the law from being enforced in emergency medical situations. 

The 9th U.S. Circuit Court of Appeals granted a request Tuesday for a rehearing before a full judicial panel, following an earlier ruling on Sept. 29 that had allowed the abortion ban to fully take effect. 

The new ruling puts a pause, again, on the abortion law when it comes to cases where abortion is deemed necessary to prevent the death or serious impairment of the mother.

 The Biden administration sued Idaho in federal court, arguing the state's near-total abortion ban violates the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals to provide stabilizing treatment in emergency situations. 

A judge in Idaho originally agreed with the Justice Department and blocked the ban from being enforced for emergency medical situations. However, a three-judge panel from the 9th Circuit Court of Appeals overturned that decision on Sept. 29, allowing the abortion law to fully take effect. 

In response only two weeks later, the Justice Department requested a rehearing before a larger panel of judges. The 'en banc' panel will reconsider the case and whether Idaho's abortion ban conflicts with federal requirements around emergency medical care. 

The latest ruling means abortions can once again be provided in Idaho if deemed necessary to save the life or prevent serious health risks to the mother. The state's near-total ban remains in effect for all other situations while the legal challenge proceeds.

The rehearing marks the next phase in the high-stakes legal fight over state abortion bans since Roe v. Wade was overturned. The decision could have significant implications on whether federal law supersedes strict state abortion restrictions when a patient's life is endangered.


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