Idaho AG: No need to keep protecting ER doctors from abortion prosecutions

by CBS2 News Staff | Mon, February 13th 2023 at 8:58 AM

Kelcie Moseley-Morris of Idaho Capital Sun is reporting deputies from Idaho Attorney General Raúl Labrador’s office filed a new brief in U.S. District Court with new arguments that take into consideration the Idaho Supreme Court’s ruling on the state’s abortion laws.

The brief, written by Deputy Attorney General Steven Olsen, said the Idaho Supreme Court redefined the section of Idaho Code that bans nearly all abortions, with affirmative defenses for rape, incest and to save the pregnant person’s life. Medical providers who violate the statute face felony charges and suspension or permanent revocation of a medical license.

While the injunction is in place, all state officials are prohibited from pursuing criminal prosecution or suspending or revoking medical licenses from medical providers or hospitals if an abortion is necessary to avoid jeopardizing a pregnant person’s health.

Olsen argued the affirmative defense for physicians does not promote delays or worsen patient outcomes, and the Idaho Supreme Court’s determination that ectopic and non-viable pregnancies do not meet the definition of abortion means there is no conflict between Idaho law and EMTALA.

District Judge B. Lynn Winmill also denied a renewed motion to intervene in the case by attorneys for the Idaho Legislature, which has asked the court to allow briefs from the Legislature’s perspective in the case. Winmill granted a limited intervention for the initial court appearance in August but said he would not allow the attorneys to file its own briefs moving forward.