Judge: Legislature can intervene a little in abortion case
Source: AP
By REBECCA BOONE
BOISE, Idaho (AP) — A federal judge says the Idaho Legislature can intervene in the U.S. Department of Justice’s lawsuit targeting Idaho’s total abortion ban, but only to present evidence about emergency abortions performed in Medicaid-funded emergency rooms.
In the written ruling handed down Saturdqy, U.S. District Judge B. Lynn Winmill said the Legislature’s interests are already well-represented by the Idaho Attorney General’s office and Gov. Brad Little, so there’s no legitimate reason to add another party to the lawsuit.
The Justice Department sued Idaho last week over the state’s strict abortion ban, saying it would force doctors to violate the Emergency Medical Treatment and Labor Act, a federal law that requires anyone coming to a medical facility for emergency treatment to be stabilized and treated.
Allowing a state legislature the right to intervene in every federal case without first proving a distinct need would allow a state to “turn into a nine-headed Hydra whenever it chooses,” Winmill said.
FILE - People march through 8th Street in downtown Boise, Idaho, on May 3, 2022, in response to the news that the U.S. Supreme Court could be poised to overturn the landmark Roe v. Wade case that legalized abortion nationwide. On Saturday, Aug. 13, 2022, a federal judge said the Idaho Legislature can intervene in the U.S. Department of Justice lawsuit targeting Idaho's total abortion ban, but only to present evidence about emergency abortions performed in Medicaid-funded emergency rooms. (Sarah A. Miller/Idaho Statesman via AP, File)
Read more: https://apnews.com/article/abortion-health-legislature-brad-little-idaho-007a2892786c9f0b29d92bdb1c7c00a2
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