As was obvious a few days ago, a federal judge who is also a Democrat has just blocked Idaho’s pro-life law banning nearly all abortions the day before it was set to go into effect:
Breaking: Judge Lynn Winmill grants the US DOJ’s request for an injunction on Idaho’s abortion ban as it relates to medical emergencies and the health of the mother. #idpol
— Melissa Davlin (@davlinnews) August 24, 2022
BREAKING: Federal judge in Idaho limits enforcement of Idaho’s abortion trigger ban “to the extent that statute conflicts with EMTALA-mandated care.” The trigger ban goes into effect Thursday. https://t.co/02TyLXy0mr pic.twitter.com/7kYFPLPzzC
— Chris “Subscribe to Law Dork!” Geidner (@chrisgeidner) August 24, 2022
BREAKING: Federal judge rules for Justice Dept in its 1st challenge to a state abortion law post-Dobbs. Clinton appointed Judge B. Lynn Winmill says federal law guaranteeing emergency treatment supersedes state under supremacy clause. Doc: https://t.co/z1hymL2wCp
— Josh Gerstein (@joshgerstein) August 24, 2022
We told you this would happen the other day because the judge believes doctors won’t render aid to pregnant women in emergency situations women because they fear prosuction if they have to terminate the life of the baby. As I said the other day, I think that’s ridiculous because a doctor should be able to render aid without having to kill the baby.
But, if in some rare circumstance terminating the life of the baby is the only way to save the mother, then the physician should be willing to defend that decision and the facts should speak for themselves. And it’s unlikey that doctor will be prosecuted if there’s overwhelming evidence that this is the only decision.
The bottom line here is that the DOJ and the court are trying to use a loophole to block Idaho’s abortion law and I suspect, as it goes higher in the court system, that the injunction will be overturned. At least that is my hope.