The Department of Justice (DOJ) plans to dismiss its challenge to Idaho's ban on emergency abortion care, as revealed in a recent court filing. The case, known as Idaho and Moyle, et al. v. United States, has significant implications for the health and safety of pregnant patients in Idaho. An email from DOJ informed St. Luke's hospital, Idaho's largest hospital system, of the intent to dismiss the case by March 5.
Currently, a preliminary injunction allows doctors and hospitals in Idaho to provide emergency care, but dismissing the case could jeopardize this protection. In response, St. Luke's has sought a temporary restraining order to continue offering necessary emergency care to pregnant patients.
Deirdre Schifeling, chief political and advocacy officer at the American Civil Liberties Union (ACLU), expressed concern over this development: "The Trump administration has made clear they would let women die rather than get an abortion." She criticized President Trump for not keeping his campaign promises regarding access to abortion and emphasized that "women may die because of these actions."
For four decades, federal policy has supported emergency medical care rights under EMTALA, which requires hospitals receiving Medicare funds to provide necessary stabilizing treatment. DOJ's challenge initially resulted in a preliminary injunction preventing Idaho from jailing doctors who provide emergency abortions. Although lifted briefly in January 2024 by the Supreme Court before being restored in June 2024, during those six months without the injunction, hospitals faced severe challenges such as airlifting patients out of state or delaying critical care.
The ACLU remains committed to advocating for access to emergency medical care through various channels including legal action and public campaigns.
