A US federal judge on Wednesday in Idaho blocked part of a law banning most abortions, a victory for US President Joe Biden’s administration.
The state cannot prosecute doctors who perform abortions for the health of the pregnant woman, Judge B. Lynn Winmill ruled.
The injunction will remain in effect until a court case against the abortion law can be decided, the judge ruled.
Idaho, a rural and conservative state, was one of the first to pass a tough law banning abortion in most cases after the US Supreme Court overturned the national right to the procedure in June.
The remainder of the bill, which remains very restrictive, is scheduled to go into effect on Thursday.
US Attorney General Merrick Garland had asked the court to block the entire bill, saying it violated the federal Medical Emergencies Act by not providing an exception in cases of risk to the health of the pregnant patient, and had authorized legal action against healthcare providers.
Winmill said his decision “did not address past constitutional rights to abortion.”
“This court is not addressing that larger, deeper issue.
“Instead, the court is called upon to consider a far more modest question — whether Idaho’s criminal abortion law conflicts with a small but important corner of federal legislation.” It does,” he wrote.
Despite its narrow focus, the ruling represents a victory for the Biden administration.
It “ensures that women in the state of Idaho can receive the emergency medical treatment to which they are entitled under federal law. This includes abortion when that is the necessary treatment,” Garland said in a statement Wednesday night.
Following the June Supreme Court decision, 13 states have banned abortion with so-called “trigger laws,” and about half of all 50 states are expected to ban the procedure.
#judge #blocks #part #Idahos #restrictive #abortion #law