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By: EFE Updated 25 Aug 2022 , 10: 11 am EDT
An Idaho judge blocked a controversial law which was scheduled to come into force and which prohibits almost all abortions, including those in which the mother’s health is at risk.
Justice B. Lynn Winmill gave the reason to the United States Government, which presented itself as the plaintiff, and ruled that Idaho cannot prohibit abortion in situations in which your practice follows the standards set by the Federal Administration for emergency care.
In essence, the judge indicated in his brief that Idaho has jurisdiction to legislate on abortion, but is limited by health regulations imposed at the federal level.
Last 12 August, the Supreme Court Idaho’s prema had ruled in favor of the state’s Republican government and given its go-ahead for the abortion law to be implemented.
By three votes in favor and two against, the state’s highest court denied the petition of the abortion entity Planned Parenthood, which requested that the entry into force of this standard
- be blocked of August alleging that it violates the rights to privacy and equal protection before the law .
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In addition to Planned Parenthood, on August 2, the US Attorney General, Merrick Garland, announced another lawsuit against Idaho considering that its law against abortion “criminalizes doctors” and prevents them from freely practicing terminations of pregnancy when the woman’s health is at risk.
The Department of Justice sued Idaho for violating the federal Emergency Medical Treatment and Labor Act, in an attempt to protectdoctors that they have to intervene when abortion is “the medical treatment necessary to stabilize a patient’s emergency medical condition”.
It was the first action of the Department of Justice against a state since last June the Supreme Court annulled the sentence Roe v. Wade and eliminate federal protection of the right to abortion, transferring its legislation to the states.
As Garland explained at a press conference, the working group on reproductive rights created as a result of the Supreme Court’s decision is dedicating itself to evaluating “the changing landscape of state laws” and now “Additional litigation” against other states is being studied.
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2022