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Emergency Abortion Access Idaho
FILE - People march through 8th Street in downtown Boise, Idaho, on May 3, 2022, in response to the news that the U.S. Supreme Court could be poised to overturn the landmark Roe v. Wade case that legalized abortion nationwide. (Sarah A. Miller/Idaho Statesman via AP, File)

Idaho's strict abortion ban faces scrutiny in federal appeals court hearing

A federal appeals court is scrutinizing the impact of Idaho’s strict abortion ban on emergency medical care

By REBECCA BOONE and JAIMIE DING
Published - Dec 10, 2024, 08:58 PM ET
Last Updated - Dec 16, 2024, 05:00 PM EST

PASADENA, Calif. (AP) — A federal appeals court scrutinized the impact of Idaho's strict abortion ban on emergency medical care on Tuesday, weighing whether the ban criminalizing abortions should be enforceable in life- and health-threatening situations.

John Bursch, an attorney with the Alliance Defending Freedom representing Idaho, asked the 9th U.S. Circuit Court of Appeals panel of 11 judges to urgently lift the injunction preventing the state from enforcing its abortion ban in emergency room settings, saying it “harms Idaho sovereignty, harms women, (and) harms unborn children.”

“It's here before you now, you should decide it,” he said.

Idaho’s law makes it a felony to perform an abortion unless the procedure is necessary to prevent the death of the patient.

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