Judge to hear DOJ lawsuit over Idaho’s abortion trigger law on Aug. 22

A hearing will take place on Aug. 22 for the U.S. Department of Justice’s lawsuit against the state of Idaho over its abortion trigger law, according to federal court documents.

U.S. District Judge B. Lynn Winmill, who will preside over the case, held an informal status conference with the two parties on Friday to set the hearing date and establish deadlines for briefs to be filed prior to the hearing.

The Department of Justice filed the lawsuit against Idaho on Aug. 2, saying the state’s ban on nearly all abortions — which is scheduled to go into effect on Aug. 25 — is unconstitutional and violates the federal Emergency Medical Treatment and Labor Act. That law requires hospitals that receive payments for the federal Medicare program to provide medical care to stabilize all patients who come to the hospital with a medical emergency.

At least 43 hospitals in Idaho have signed Medicare agreements, the lawsuit said, and 39 have emergency departments that are subject to compliance with the federal statute. Violating the federal law can result in a hospital losing its ability to receive Medicare payments — one of the main sources of revenue for hospitals.

Idaho’s trigger law prohibits abortion in Idaho in nearly all cases, with potential defenses for rape, incest or to save a patient’s life. In the case of rape or incest, a victim must provide a copy of a police report. If a medical provider violates the statute, they can be convicted of a felony with a sentence of two to five years in prison. Anyone who performs or assists in abortion can also have their license suspended for a minimum of six months or permanently.

The text of the lawsuit says Idaho’s trigger law puts health care providers in an untenable position of risking criminal prosecution under the state law or subjecting themselves to enforcement actions under federal law.

After the announcement of the lawsuit, Idaho Attorney General Lawrence Wasden said the text of the Emergency Medical Treatment and Labor Act does not include language that would override state and local laws and said the Department of Justice did not attempt to engage in a meaningful discussion about the issue prior to filing the lawsuit. Gov. Brad Little called the lawsuit another example of federal overreach in a statement.

The Idaho Supreme Court is expected to decide whether to temporarily pause the trigger ban’s implementation prior to the Aug. 25 effective date.