Enforcement of the law can begin as litigation winds its way through the courts.
The Idaho Supreme Court is shown. A 9th Circuit panel said Thursday that the court has clarified its interpretation of the Idaho abortion statute. | Rebecca Boone/AP PhotoA federal appeals court has lifted a lower court ruling that prevented the State of Idaho from enforcing aspects of its near-total ban on abortion.Thursday granting Idaho officials’ request to put the injunction against the law on hold while the state appeals the lower judge’s decision.
U.S. District Court Judge B. Lynn Winmill agreed that the state law appeared to run afoul of the federal Emergency Medical Treatment and Labor Act, passed in 1986.barring enforcement of the abortion ban against medical providers and hospitals in situations where the patient’s life or health is in jeopardy.
“The Supreme Court of Idaho clarified that the text of the exception means what it says: If a doctor subjectively believes, in his or her good faith medical judgment, that an abortion is necessary to prevent the death of the pregnant woman, then the exception applies,” Judge Lawrence VanDyke wrote in an order joined by Judges Bridget Bade and Kenneth Lee.
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