Idaho has among the strictest abortion bans in the country. It’s so strict, in fact, that in 2022, the Biden administration sued the state, arguing that it violates a federal law regulating medical emergencies. The legal battle went all the way up to the Supreme Court, which said on Friday that Idaho’s law could go into effect—at least until the court reviews the case in April.
In Idaho, it’s illegal to perform an abortion—punishable by up to five years in prison—except when “necessary to prevent the death of a pregnant woman.” But doctors have faced confusion over when, if ever, they can step in to perform emergency abortions: What if, as US Solicitor General Elizabeth Prelogar poses, a patient’s condition isn’t life-threatening, but could become so? How long are doctors supposed to watch their patients’ conditions deteriorate before stepping in?
“Doctors in Idaho are afraid,” Julie Lyons, a family physician who sued the state over the law, told the Idaho Capital Sun in December. “We are afraid to provide simple obstetric care because of the fear that what we do with our patient could lead to prosecution.” Similarly, an Idaho OB/GYN told the Washington Post following the court’s decision on Friday, “I could take care of a patient in [a life-threatening] scenario tomorrow—and now I have to wait for months to figure out what I can do. It just makes me question what I am doing in this state anymore.”
It’s not just Idaho. As my colleague Madison Pauly wrote in July 2022:
The ambiguity in Wisconsin’s state abortion ban, for instance, has left doctors like Abigail Cutler, an OBGYN in Wisconsin, in an impossible bind. Wisconsin’s law, written in 1849, allows abortions to “save the life of the mother.”
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