The letter comes in the wake of the Supreme Court’s 6-3 opinion permitting emergency abortions to continue in Idaho.
The Department of Health and Human Services on Tuesday informed hospital and doctor associations that they must perform emergency abortions to save a woman’s health.
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UPDATE: Late Wednesday, Judge Lynn Winmill granted the Biden Department of Justice’s request for an injunction on Idaho’s abortion ban as it pertains to medical emergencies.
“The Court hereby restrains and enjoins the State of Idaho, including all of its officers, employees, and agents, from enforcing Idaho Code § 18-622(2)-(3) as applied to medical care required by the Emergency Medical Treatment and Labor Act (EMTALA),” Winmill wrote, adding the state is prohibited “from initiating any criminal prosecution against, attempting to suspend or revoke the professional license of, or seeking to impose any other form of liability on, any medical provider or hospital based on their performance of conduct that (1) is defined as an “abortion” under Idaho Code § 18-604(1), but that is necessary to avoid (i) “placing the health of” a pregnant patient “in serious jeopardy”; (ii) a “serious impairment to bodily functions” of the pregnant patient; or (iii) a “serious dysfunction of any bodily organ or part” of the pregnant patient.”
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