The Sconi

Attorney General Josh Kaul and Gov. Tony Evers have joined a coalition of 24 attorneys general in supporting the Biden administration's challenge to Idaho's near-total ban on abortion. In an amicus brief filed in United States of America v. Idaho, the coalition backed the U.S. government's argument that the ban conflicts with the Emergency Medical Treatment and Labor Act (EMTALA). Attorney General Kaul pointed out that the ban not only endangers the lives and health of pregnant individuals in Idaho but also has serious repercussions on the health systems of other states. He emphasized, "When a decision needs to be made in an emergency medical situation, that decision should be made by the patient, not dictated by the government."

Governor Evers also voiced his support, stating, "Every person, no matter where they live, deserves the right to make their own healthcare decisions without interference from politicians who don’t know anything about their life, their family, or their circumstances." He highlighted the importance of defending reproductive freedom amidst ongoing attacks on safe and legal abortion.

The coalition's amicus brief argues that Idaho's radical abortion ban, enacted following the overruling of Roe v. Wade in June 2022, poses a threat to emergency medical care. Under the ban, healthcare providers could face criminal prosecution or lose their license for providing necessary abortion care as required by EMTALA. The brief asserts that preventing medical providers from performing abortions needed to treat emergency medical conditions could endanger the health and lives of pregnant patients.

Furthermore, the coalition warns that if Idaho hospitals fail to provide the required emergency abortion care, patients may be forced to seek treatment out of state, placing additional strain on emergency departments already grappling with overcrowding and staff shortages. The amicus brief underscores the critical role of EMTALA in ensuring timely and life-saving care for patients experiencing emergency pregnancy-related conditions.

Attorney General Kaul was supported in the amicus brief by attorneys general from 23 other states and the District of Columbia, demonstrating a united front in the fight to protect reproductive rights and access to essential healthcare services.