Idaho Secures Key Concessions in Abortion Case with Support from Alliance Defending Freedom

In a significant development for the protection of life, the U.S. Supreme Court has sent the case of State of Idaho v. United States of America back to the U.S. Court of Appeals for the 9th Circuit for further consideration. The decision comes after Idaho, with support from Alliance Defending Freedom (ADF), secured crucial concessions from the Biden administration regarding the state’s Defense of Life Act.

Idaho Attorney General Raúl Labrador celebrated the outcome, stating, “The Supreme Court sent the case back to the 9th Circuit today after my office won significant concessions from the United States that Justice Barrett described as ‘important’ and ‘critical.’”

What is Alliance Defending Freedom?

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance, a division of Alliance Defending Freedom, provides legal support and advocacy specifically for churches and faith-based groups. Its primary goal is to ensure these institutions can freely exercise their beliefs without unwarranted external interference, navigate complex legal challenges, and preserve their religious freedoms.

State of Idaho v. United States of America centers on Idaho’s Defense of Life Act, which protects unborn children while ensuring necessary medical care for women. The Biden administration had attempted to use the federal Emergency Medical Treatment and Active Labor Act (EMTALA) to override Idaho’s law and force emergency room doctors to perform abortions.

Kellie Fiedorek, Senior Counsel and Government Affairs Director at Alliance Defending Freedom, provided important context for the case in an article on Alliance Defending Freedom’s website, writing, “Just weeks after the U.S. Supreme Court overturned Roe v. Wade in 2022, the Biden administration vowed to ‘protect and expand access to abortion.’ As the administration’s lawsuit against the state of Idaho shows, it will stop at nothing in its quest to achieve that goal.”

Fiedorek explained that the administration is twisting the purpose of EMTALA, a law passed in 1986 to ensure emergency rooms don’t turn away patients unable to pay, pointing out that EMTALA was not designed to address abortion and actually mentions protections for “unborn children” four times. “The Biden administration is trying to turn EMTALA [Emergency Medical Treatment and Active Labor Act] into a federal abortion mandate. In an act of raw executive power, the administration is insisting it can override Idaho’s law that protects the lives of women and their unborn children,” Fiedorek wrote.

In returning the case to the lower courts, Supreme Court Justice Amy Coney Barrett noted in her opinion that “even with the preliminary injunction in place, Idaho’s ability to enforce its law remains almost entirely intact.” This underscores the strength of Idaho’s position and the importance of the concessions obtained from the federal government.

Josh Turner, Idaho’s Chief of Constitutional Litigation and Policy, who argued the case before the Supreme Court, expressed pride in the state’s achievements. “We forced the Biden administration to make major concessions before the Supreme Court that it did not want to make, and those concessions are going to save many unborn lives,” he said.

In a statement on Alliance Defending Freedom Media, ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch emphasized the alignment between Idaho’s law and EMTALA, writing, “Both Idaho’s law and the Emergency Medical Treatment and Active Labor Act seek to protect the lives of women and their unborn children, and the consistency between those laws makes us confident about the future of this case. As Justice Barrett noted in her opinion, ‘even with the preliminary injunction in place, Idaho’s ability to enforce its law remains almost entirely intact.’ The Biden administration can’t manipulate federal law to wipe out state protections for unborn children and force emergency room doctors to perform abortions. Under Idaho’s law, doctors will continue to provide care to women experiencing ectopic pregnancies, miscarriages, and life-threatening conditions.”

As the case returns to the 9th Circuit, Alliance Defending Freedom remains committed to supporting Idaho in defending its right to protect life. Bursch affirmed, “We’ll continue to assist the state of Idaho and bring a rightful end to the administration’s unlawful overreach and protect the people’s freedom to preserve life.”