GOP Attorney General says he is going to stop Joe Biden from forcing this deadly policy on us

Some national Republican leaders continue to stumble and bumble on the issue of life.

But many state and local leaders are taking the fight to the pro-abortion lobby.

And this GOP Attorney General says he is going to stop Joe Biden from forcing this deadly policy on us.

Another abortion case – another leak

The U.S. Supreme Court just ruled on another abortion case ruined by a leak.

Last week, Justices ruled to allow the Biden administration to override Idaho’s pro-life protections law in the name of providing “emergency health care.”

Justices voted 5-4 to pass on hearing the case over Idaho’s pro-life law, instead issuing a “dismiss as improvidently granted” (DIG) order. 

The one-sentence court order was then followed by four separate opinions that ran the gamut of judicial views on abortion and federal supremacy on the issue. 

The ruling came just one day after the high court confirmed it had momentarily posted a copy of the order on its website, the second leak of an abortion decision since 2022.

After the Supreme Court overturned Roe v. Wade, Idaho passed the Defense of Life Act, which protects all unborn life unless a doctor believes “abortion was necessary to prevent the death of the pregnant woman.” 

The Biden administration sued the state on the grounds that the new bill violated the Emergency Medical Treatment & Labor Act (EMTALA). 

That bill, signed by President Ronald Reagan in 1986 with the intent of assuring emergency rooms would not turn away indigent patients, forbids doctors from carrying out any procedure that “may pose a threat to the health or safety of the woman or the unborn child.” 

But the Biden administration misused EMTALA in an effort to open Idaho’s emergency rooms to abortion.

They argued an abortion could be necessary to preserve the “health” of the mother, so EMTALA may require doctors to perform abortions.

Clinton appointee U.S. District Judge B. Lynn Winmill sided with the Biden administration.

Idaho contested the case to the Ninth Circuit Court of Appeals and then, before the Ninth Circuit weighed in, lodged an emergency petition with the U.S. Supreme Court. 

The court decides it’s wrong to defend life

On January 5, SCOTUS accepted the case and issued a stay on Winmill’s order.

This allowed the Defense of Life Act to take effect. 

In the end, the high court decided they had been wrong to take the case and sent it back to the Ninth Circuit.

“It seems, after two years of hatred from the Left over the decision in Dobbs, the court opted to tap out instead of standing bravely in defense of the constitutional right of the people of Idaho to make laws protecting the unborn,” Mary Szoch, Director of the Center for Human Dignity at the Family Research Council, told The Washington Stand. But “the justices couldn’t seem to agree why they shouldn’t have taken the case.”

Not surprisingly, the court’s most extreme pro-abortion leftist, Ketanji Brown Jackson, would have settled the case in the Biden administration’s favor. 

Jackson even referred to the court order allowing the Defense of Life Act to take effect as a “months-long catastrophe.” 

She further said, “We cannot simply wind back the clock to how things were before the Court injected itself into this matter. … It is too little, too late for the Court to take a mulligan. … The Court has made this bed so now it must lie in it.”

Idaho argued that the rumors spread by the abortion industry claiming the law barred abortion unless a woman’s death is imminent were completely false. 

Idaho Attorney General Raul Labrador told The Washington Stand that doctors can carry out an abortion “as long as they’re exercising a good-faith judgment that the complication could lead to death … even if it’s not immediate. I think some people, in bad faith, have tried to confuse these doctors.”

Alito, Thomas, and Gorsuch weigh in

“Far from requiring hospitals to perform abortions, EMTALA’s text unambiguously demands that Medicare-funded hospitals protect the health of both a pregnant woman and her ‘unborn child,’” wrote Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch. 

Alito also said states cannot be compelled to violate their own laws under the Constitution’s Spending Clause. 

“Today, the court said that Idaho will be able to enforce its law to save lives in the vast majority of circumstances while the case proceeds,” said Labrador in a statement. “I remain committed to protect[ing] unborn life and ensur[ing] women in Idaho receive necessary medical care, and I will continue my outreach to doctors and hospitals across Idaho to ensure that they understand what our law requires. We look forward to ending this administration’s relentless overreach into Idahoans’ right to protect and defend life.”

Labrador told Washington Watch the Biden administration’s legal argument “turns EMTALA on its head” and called Biden’s lawsuit an egregious example of “lawless overreach.”

“We feel very strongly that we’re going to win this case in the end,” Labrador told The Weekly Stand.

Pro-Life Press will keep you up-to-date on any developments to this ongoing story.

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