(THE BLAZE) – On August 24, U.S. District Judge B. Lynn Winmill temporarily blocked part of Idaho’s law banning most abortions. The preliminary injunction granted by Winmill — who was nominated by former President Bill Clinton — prevents the enforcement of Idaho’s law when it conflicts with the 1986 federal Emergency Medical Treatment and Labor Act. The EMTALA purportedly ensures that patients are given adequate emergency medical care. The EMTALA applies specifically to hospitals and physicians that participate in Medicare.
Idaho’s partial ban, which goes into effect today, will apply to all abortions but those performed during medical emergencies, and those already permitted under the state’s law.
The decision comes as a result of the lawsuit filed on August 2 by the Department of Justice, which alleged that the state’s prohibition of most abortions had “extremely narrow” exceptions and conflicted with the EMTALA.
