{"id":324853,"date":"2025-01-22T16:48:46","date_gmt":"2025-01-22T22:48:46","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=324853"},"modified":"2025-01-21T20:26:53","modified_gmt":"2025-01-22T02:26:53","slug":"idaho-hospital-sues-accommodations-emergency-abortions","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/idaho-hospital-sues-accommodations-emergency-abortions\/","title":{"rendered":"Idaho hospital system sues state AG to get more accommodations for ’emergency’ abortions"},"content":{"rendered":"
<\/div>

Believing that the new Trump administration may drop the former Biden administration’s lawsuit challenging Idaho’s pro-life law,\u00a0St. Luke’s Health, the largest health system in Idaho, has filed a lawsuit of its own<\/a>.<\/p>\n

St. Luke’s filed suit against Idaho Attorney General Ra\u00fal Labrador on January 14, 2025, to extend pro-abortion protections ensuring that induced abortions \u2014 the direct and intentional killing of preborn children \u2014 can be carried out in medical emergencies despite such exceptions that already exist in the state\u2019s pro-life law<\/em>. St. Luke\u2019s Chief Legal Officer Christine Neuhoff said the lawsuit is an attempt \u201cto advocate for our patients and their families who are directly impacted by this conflict between state and federal law.\u201d<\/p>\n

And yet, it seems to be disputed as to whether there truly is<\/em> a conflict between the two.<\/p>\n

Idaho’s Law<\/strong><\/p>\n

Idaho defines<\/a>\u00a0abortion as \u201cthe use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child\u2026\u201d The law allows for a doctor to perform an induced abortion if he deems in his \u201cgood faith medical judgment\u201d that it is truly medically necessary to prevent the woman\u2019s death.<\/p>\n

The state’s Defense of Life Act<\/a> \u2014 which protects most preborn children from abortion \u2014 also says, \u201cMedical treatment provided to a pregnant woman by a health care professional as defined in this chapter that results in the accidental death of, or unintentional injury to, the unborn child shall not be a violation of this section.\u201d This is important, because in medical emergencies, preterm delivery may be necessary to save a woman’s life, but it would not carry the intent<\/em> to kill<\/em> the child; therefore, the death would have been unintentional, yet known to be likely.<\/span><\/p>\n

The law also notes (emphases added):<\/p>\n

The following shall not be considered criminal abortions<\/strong>\u00a0for purposes of subsection (1) of this section:<\/p>\n

(a)\u00a0\u00a0The abortion was performed or attempted by a physician as defined in this chapter and:<\/em><\/p>\n

(i)\u00a0\u00a0The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman<\/strong>. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and<\/em><\/p>\n

The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman.<\/strong><\/em><\/p>\n

Despite this, leadership at St. Luke’s claims that physicians have been too ‘scared’ of the law \u2014 or of their own ‘good faith judgment’ \u2014 to induce delivery during a medical emergency.<\/p>\n

Dr. Jim Souza, chief physician executive at St. Luke\u2019s, said that St. Luke’s doctors were consistently airlifting<\/a> patients to other states to receive emergency care because of the pro-life law. However, AG Labrador suggested during a press conference that such a notion is “a political statement.\u201d He said the hospital system talking about the number of patients flown out-of-state for emergency abortions is \u201cmisinformation.\u201d<\/p>\n

\u201cI have talked to doctors in the ER, the same ER rooms that they\u2019re talking about,\u201d he said, \u201cand they are telling me that they have no idea what this administrator is talking about.”<\/p>\n

Nicole Miller’s story made headlines<\/a> after she was airlifted from St. Luke’s to Utah, where she underwent a D&E (dilation and evacuation) abortion \u2014 a procedure in which her baby boy, Maddox David, was dismembered. But this procedure (or any deliberately<\/em> life-ending procedure) on a living preborn baby is not<\/em>\u00a0listed as part of the standard of care for the health complications Miller was experiencing.<\/p>\n

Even worse, it appears that Miller was\u00a0unaware<\/em> of the dismemberment of her preborn child until she awoke and was informed by a nurse that her son had been killed and removed from her womb. An induced delivery for this baby, though he was just 19 weeks, would have been completely legal in Idaho and he would not have been dismembered. Yet Miller was airlifted to Utah for an abortion \u2014 and then the heartbreaking story of her son’s dismemberment was exploited to promote<\/em> abortion.<\/p>\n

The original Biden administration lawsuit<\/strong><\/p>\n

In 2022, the Biden Department of Justice (DOJ) sued<\/a> the state of Idaho, arguing that its Defense of Life Act violates the federal Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals that receive federal Medicare funds to provide stabilizing<\/em> treatment to patients in the emergency room during a medical emergency, including a mental health crisis (though the Biden administration later withdrew<\/em> the provision regarding mental health). The DOJ argued that \u201cstabilizing care\u201d could include induced abortion. This is despite the Idaho law already including an exception for abortion to save the life of the mother. In short, the administration sought the direct and intentional killing of a preborn human being to be included under the category of \u201cstabilizing treatment.\u201d<\/p>\n

Idaho asked the Supreme Court to intervene in the case, to which the court agreed, while issuing a stay on an injunction against the law. This allowed the Defense of Life Act to take effect until the Supreme Court decided<\/a> to send the case back to the Ninth Circuit for review, allowing the injunction to be put back in place. However, that injunction was very narrow, and reads<\/a>: “During the pendency of this lawsuit, the State of Idaho will be enjoined from enforcing Idaho Code \u00a7 18- 622 to the extent that statute conflicts with EMTALA-mandated care<\/strong>. (emphasis added).”<\/p>\n

That meant Idaho hospitals receiving Medicaid funding must allow abortions to be committed<\/em> as \u201cstabilizing care.”<\/p>\n

In a footnote on her opinion, Justice Amy Coney Barrett noted that EMTALA does not require<\/em> Idaho doctors to commit induced abortions (emphasis added):<\/p>\n

The United States also clarified that if pregnancy seriously jeopardizes the woman\u2019s health postviability, EMTALA requires delivery, not abortion<\/strong>. Brief for United States 10; Tr. of Oral Arg. 75. And it emphasized that EMTALA requires abortion only in an ’emergency acute medical situation,’ where a woman\u2019s health is in jeopardy if she does not receive an abortion ‘then and there<\/strong>.’ Tr. of Oral Arg. 79\u201380. These two temporal points also narrow the scope of EMTALA\u2019s potential conflict with Idaho\u2019s Act.<\/em><\/p>\n

The Idaho Family Policy Council explained<\/a>, \u201cBecause \u2018medical emergency\u2019 exceptions have proven just as effective as \u2018life of the mother\u2019 exceptions in restricting access to elective abortions, we do not anticipate that the abortion rate in Idaho [will] increase as a result of this ruling.\u201d<\/p>\n

At the time, Labrador said<\/a>:<\/p>\n

The Supreme Court sent the case back to the 9th Circuit today after my office won significant concessions from the United States that Justice Barrett described as \u2018important\u2019 and \u2018critical.\u2019 Today, the court said that Idaho will be able to enforce its law to save lives in the vast majority of circumstances while the case proceeds. <\/em><\/p>\n

The Biden administration\u2019s concession that EMTALA will rarely override Idaho\u2019s law caused the Supreme Court to ask the 9th Circuit for review in light of the federal government\u2019s change in position. <\/em><\/p>\n

Justice Barrett wrote, those concessions mean that Idaho\u2019s Defense of Life Act \u2018remains almost entirely intact.\u2019 The 9th Circuit\u2019s decision should be easy. <\/em><\/p>\n

As Justice Alito explained well: the Biden administration\u2019s \u2018preemption theory is plainly unsound.\u2019 I remain committed to protect unborn life and ensure women in Idaho receive necessary medical care, and I will continue my outreach to doctors and hospitals across Idaho to ensure that they understand what our law requires. We look forward to ending this administration\u2019s relentless overreach into Idahoans\u2019 right to protect and defend life.<\/em><\/p>\n

READ: Planned Parenthood\u2019s repeated failure to report child sexual abuse has impacted countless lives<\/em><\/a><\/strong><\/p>\n

The new St. Luke’s lawsuit against Idaho<\/strong><\/p>\n

Though the injunction forcibly telling doctors they have to commit abortions for emergencies and the law’s exception stating that they can commit abortions<\/a> in emergencies are similar, St. Luke\u2019s spokesperson Christine Myron admitted to the Idaho Capitol Sun that, since that injunction was put in place, they have unsurprisingly <\/em>not had to fly anyone out of state for emergencies that needed purported ‘abortion care’. Emergency room patients have \u201creceived the full scope of stabilizing care, including termination of the pregnancy if that was medically necessary,” she said, adding, \u201cSt. Luke\u2019s physicians have not had to transfer any patients to another state to receive that stabilizing care.” Was it all ‘politically motivated’ as Labrador suggests?<\/p>\n

Regardless, Souza wants the exceptions to the law expanded even further, arguing that EMTALA and the Idaho law are in conflict.<\/p>\n

\u201cOur physicians are dedicated to helping families bring children into the world with safe, evidence-based care,\u201d he said in a statement. \u201cYet, the conflict between Idaho\u2019s Defense of Life Act and EMTALA makes it impossible to provide the highest standard of care in some of the most heartbreaking situations.\u201d<\/p>\n

Souza, it should be noted, is a pulmonologist<\/a> \u2014 not an obstetrician\/gynecologist.<\/p>\n

For his part, Labrador vowed to keep fighting to defend the law.<\/p>\n

\u201cThe U.S. Supreme Court has already ruled that the Constitution does not contain a right to abortion and that laws protecting the sanctity of life are left up to the individual states,\u201d he said in a statement. \u201cThere is no conflict between the plain interpretation of Idaho\u2019s Defense of Life Act and EMTALA. Idaho law protects both the life of the mother and their unborn child. Any perceived conflict has been perpetuated by politicians, organizations, and individuals seeking to confuse doctors and jeopardize patient health for political ends.\u201d<\/p>\n

Tell President Trump, RFK, Jr., Elon, and Vivek:<\/i><\/b><\/a><\/span><\/p>\n

Stop killing America\u2019s future. Defund Planned Parenthood NOW!<\/i><\/b><\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Believing that the new Trump administration may drop the former Biden administration’s lawsuit challenging Idaho’s pro-life law,\u00a0St. Luke’s Health, the largest health system in Idaho, has filed a lawsuit of its own. St. Luke’s filed suit against Idaho Attorney General Ra\u00fal Labrador on January 14, 2025, to extend pro-abortion protections ensuring that induced abortions \u2014 […]<\/p>\n","protected":false},"author":7,"featured_media":281348,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false},"categories":[3473,11],"tags":[],"yoast_head":"\nIdaho hospital system sues state AG to get more accommodations for 'emergency' abortions<\/title>\n<meta name=\"description\" content=\"An Idaho hospital system, worried the Trump admin will drop the Biden admin's lawsuit against Idaho's pro-life law, has filed its own suit.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.liveaction.org\/news\/idaho-hospital-sues-accommodations-emergency-abortions\/\" \/>\n<meta property=\"og:locale\" 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