Sen. Jim Risch, R-Idaho, and Rep. Russ Fulcher, also a Republican, filed an amicus brief with the U.S. Supreme Court on Tuesday in support of defending the state's pro-life lawsuit against the Biden administration, the Daily reported. The Kohler newspaper first reported.
According to a press release obtained by the Daily Caller, two leading Republican lawmakers will join the state's entire delegation, which includes 24 senators and 93 representatives, to advocate for pro-life and pro-life legislation after the Biden administration takes office. advocated the law. I tried to override it previously. This was the opening gist of Republican leaders ahead of their move. It has been submitted On February 20, state Republican Attorney General Raul Labrador asked the U.S. Supreme Court to intervene in a legal battle between federal officials, motivating Republican leaders to pursue the case. Ta.
“Idahoans passed strong laws to protect the lives of mothers and unborn children, but the Biden administration is targeting every opportunity to expand abortion access. “This administration has cherry-picked portions of existing statutes and unfairly reinterpreted them to suit their purposes,” Risch said. “Their manipulation of federal law cannot usurp state law, and there is no federal right to abortion. This court brief shows how significant federal overreach is aimed at undermining pro-life protections not only in Idaho but across the nation. ”
2020, Idaho enacted The measure made it a crime for doctors to perform most abortions, unless it was “necessary to prevent the death of a pregnant woman” or the pregnancy resulted from rape or incest. The law took effect following the June 2022 reversal of Roe v. Wade. But nearly two months later, in August, the Justice Department sued the state over the measure. (Related: Alabama Supreme Court rules frozen embryos are children)
The Biden administration argued that the state violated the Constitution and was ultimately blocked by the Emergency Medical Treatment and Affirmative Labor Act (EMTALA). But Labrador said not only is the state insisting there is no conflict between EMTALA and Idaho's law, but the Biden administration is using health care to prevent the state from enforcing the pro-life law. He also claims that he is trying to “rewrite” the law.
23-726 Amicus summary of 121… by haley
Enacted by Congress in 1986, EMTALA requires hospitals with emergency departments to provide medical examinations to all patients and prohibits emergency departments from “refusing to test or treat any person with an emergency medical condition.” is prohibited. It is noteworthy that while within EMTALA there is a duty to the “health” of pregnant women and their fetuses, there is no mention of abortion.
SCOTUS ultimately blocked two cases by January as the state continued its back-and-forth legal battle with the Ninth Circuit. Moyle v. United States and idaho vs usainfluenced by the Biden administration. (Related: Republican lawmakers zero in on abortion 'trafficking' in latest post-Dobbs battle)
“The Moyle v. United States and Idaho v. United States cases involve elective abortions that violate Idaho law,” Fulcher said. “The Biden administration does not have the authority to use EMTALA to avoid holding these people accountable for their violations of the law, and this would set a harmful precedent for women and children across the country.”
Republican leaders urge court briefs to clarify the correct definition of EMTALA, its proper use by the federal government, and the finding that there is no constitutional right to abortion based on the SCOTUS decision in Dobbs v. Jackson Women's Health. I'm looking for it. Other organizations supporting this legal movement include National Right to Life, March for Life Action, Americans United for Life, Alliance Defending Freedom, Family Research Council, Catholic Vote, Concerned Women for America, and Families. It is a policy alliance, a human coalition action.
“The Supreme Court has ruled that it is states' ability to protect the right to life, and yet the Biden administration continues to push for abortion policy,” said Sen. Mike Crapo, a Republican from the state. “This continues the overreach of the federal government.” “The administration must stop its continued attacks on state-issued pro-life protections, including in Idaho.”
Arguments in the case are scheduled to be heard before SCOTUS during its April session.
