Idaho, ADF back at 9th Circuit defending pro-life law from Biden admin overreach
WHO: Alliance Defending Freedom attorneys
WHAT: Available for media interviews following oral arguments in United States of America v. State of Idaho
WHEN: Immediately following oral arguments, which begin at 1:30 p.m. PST, Tuesday, Dec. 10
WHERE: U.S. Court of Appeals for the 9th Circuit, Richard H. Chambers Courthouse, Courtroom 3, 125 S. Grand Ave., Pasadena. To schedule an interview, contact ADF Media Relations Manager Bernadette Tasy at (480) 356-0324.
PASADENA, Calif. – Alliance Defending Freedom attorneys will be available for media interviews immediately following oral arguments Tuesday in United States of America v. State of Idaho. The Office of the Idaho Attorney General, with the assistance of attorneys from Alliance Defending Freedom, is urging the U.S. Court of Appeals for the 9th Circuit to stop the Biden administration from misusing federal law to override Idaho’s Defense of Life Act. Idaho’s law protects the lives of women and their unborn children, preventing doctors from performing abortions unless necessary to save the life of the mother or in cases of rape or incest.
In August 2022, the administration sued Idaho, claiming that it could use the federal Emergency Medical Treatment and Active Labor Act and pay private hospitals to violate Idaho’s protections for life. But as the attorneys explain, the federal government cannot pay private parties to circumvent state law. Additionally, no conflict exists between EMTALA and Idaho’s law as both seek to save lives. In June, the U.S. Supreme Court sent the case back to the 9th Circuit for further consideration. Idaho filed its opening brief in September and received broad support in favor of upholding its law.
“The Biden administration’s radical interpretation of federal law demonstrates a lawless disregard for Idaho’s right to protect life,” said Idaho Attorney General Raúl Labrador. “Idaho’s Defense of Life Act is perfectly consistent with the federal Emergency Medical Treatment and Active Labor Act, which requires doctors to care both for women and their ‘unborn children.’”
“At the U.S. Supreme Court and in the 9th Circuit, the administration has repeated unsubstantiated claims that Idaho’s law required women to be emergency airlifted from our state to obtain an abortion,” Labrador added. “But the hospital system spreading that misinformation has admitted under oath that it doesn’t know why these women chose to be airlifted. Idaho’s law expects doctors to save women’s lives, and we are urging the 9th Circuit to recognize Idaho’s right to pass and enforce its laws.”
“Both Idaho’s law and EMTALA seek to protect the lives of women and their unborn children, and the consistency between those laws makes us confident about the future of this case,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch, who will be arguing before the court. “Moreover, the government’s claim that it can use its spending power to override any state law it doesn’t like is not only wrong but also accepting that novel theory would have significant consequences. The administration can’t pay private hospitals to violate state law. Under Idaho’s law, doctors will continue to provide care to women experiencing ectopic pregnancies, miscarriages, and life-threatening conditions. We join Idaho in urging the court to end the administration’s unlawful overreach and protect the people’s freedom to protect life.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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