Planned Parenthood Responds to Ruling in DOJ Lawsuit Against Idaho

WASHINGTON  — Today, a federal judge in Idaho ruled that the total abortion ban set to go into effect in Idaho tomorrow is blocked in the case of emergency medical care required by the federal Emergency Medical Treatment and Active Labor Act (EMTALA). 

The judge noted that in emergency situations, “the physician may be called upon to make complex, difficult decisions in a fast-moving, chaotic environment. She may conclude that the only way to prevent serious harm to the patient or save her life is to terminate the pregnancy—a devastating result for the doctor and the patient. So the job is difficult enough as it is. But once Idaho Code § 18-622 goes into effect, the physician may well find herself facing the impossible task of attempting to simultaneously comply with both federal and state law.”

The total ban will go into effect tomorrow, but this ruling means that Idahoans who need emergency care in Idaho’s hospitals must receive it. EMTALA requires most hospitals to provide emergency medical care, including care related to pregnancy. While this is critically important for people needing emergency care, including abortions, abortion remains banned and out of reach to the majority of Idahoans needing access.

Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America:

“Anti-abortion lawmakers want to control our lives, our bodies, and our futures. While the abortion ban will take effect tomorrow, this ruling means that Idaho cannot ignore federal law–and that includes ensuring people can still receive abortions in hospitals in emergency situations. Planned Parenthood applauds this effort by the Department of Justice, and looks forward to ongoing action from the Biden administration to protect our rights, health, and bodily autonomy. We will continue to do all we can to protect vital health care and fight for the rights of the people of Idaho.”

Statement from Rebecca Gibron, CEO, Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky: 

“This is far from the end of our fight for reproductive justice in our state. The damage these laws have done to the rights of Idahoans reaches far beyond those in medical emergencies. All people deserve access to abortion care: period.”

EMTALA requires that if a health care professional determines that a pregnant patient presenting at a hospital emergency department is experiencing an emergency medical condition, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment.

###

Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect and without judgment. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable health information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives.

Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 40 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. Planned Parenthood is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.