Trump admin said to be ready to drop Idaho emergency abortion case
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The Trump administration is planning to withdraw a lawsuit that seeks to allow Idaho hospitals to perform emergency abortions using an exception to the state's near-total abortion ban, according to a court filing.
Why it matters: This would mark a reversal from Biden administration efforts to clarify that federal directives on emergency health care take precedence over state abortion bans.
Driving the news: A court filing by St. Luke's Health System states that its attorneys were told the Trump Department of Justice plans to move for a dismissal of the suit.
- St. Luke's was seeking a temporary restraining order to inform its staff about changes in their legal obligations, which would include airlifting patients out of state if a medical emergency arises that requires terminating a pregnancy.
- The temporary freeze was granted later on Tuesday.
- "Counsel for St. Luke's received an email from counsel for the United States stating: 'As a courtesy, I wanted to let you know that a few minutes ago I reached out to counsel for the State of Idaho and the Idaho Legislature, informing them that the United States would like to dismiss its claims,'" the filing reads.
- Idaho's ban allows exceptions in order to save a pregnant person's life, but not to spare them from severe health issues.
The Biden administration argued that abortions must be allowed in those circumstances, citing a federal law that requires emergency rooms to perform necessary care for anyone who comes through the door.
- Last summer, the Supreme Court dismissed the case without ruling on the merits, allowing emergency abortions in the state to continue while lower courts sort out the state-federal conflict.
The latest move tracks with the principles laid out in the Heritage Foundation's Project 2025, which calls for Health and Human Services to rescind Biden era guidance around the federal emergency care law, known as EMTALA. It also called for the DOJ to eliminate existing injunctions and withdraw its enforcement lawsuits.
- The DOJ and St. Luke's did not immediately respond to requests for comment.
A federal judge on Tuesday issued a temporary restraining order, making emergency abortions will remain legal.
