The Trump administration will drop a challenge brought by President Joe Biden’s Justice Department against Idaho’s pro-life law making it a crime to end the life of an unborn child in most circumstances.
The Biden administration had sued Idaho over the law claiming that it violated federal emergency medical treatment laws. On Wednesday, the Justice Department moved to dismiss the case on Wednesday, which would allow the law to go back into full effect.
Idaho’s law prohibits all abortions with exceptions for rape or incest in the first trimester and if a doctor determines that “abortion was necessary to prevent the death of the pregnant woman.” Those who administered criminal abortions could have been subject to up to two to five years in prison.
The Biden administration claimed that the law violated the federal Emergency Medical Treatment and Labor Act (EMTALA), alleging that the statute would mandate doctors to perform “emergency” abortions.
The decision from the Justice Department was praised by pro-life groups and criticized by pro-abortion activists.
“The Trump-Vance administration’s end to Biden’s EMTALA case against Idaho’s pro-life law is a win for the truth,” SBA Pro-Life America said. “Every state that protects unborn life also protects women who experience miscarriage, ectopic pregnancy or any medical emergency.”
Last June, the Supreme Court allowed parts of the law to be blocked in a 6-3 decision. The court never ruled on the merits of the law or the challenge when it allowed parts of the law to be blocked, writing that litigation on the law should continue on the lower level while allowing a block on parts of the law to go back into effect.
The decision is in line with other pro-life actions taken by President Donald Trump in the early months of his administration. He previously issued a memorandum that prevents taxpayer funds from being sent to foreign non-governmental organizations that perform or promote abortions. Trump also signed an executive order strengthening the Hyde Amendment, a ban on the use of federal funds for abortion.
He also issued pardons for 23 peaceful pro-life protesters who were targeted by the Biden administration and indicated that he would end aggressive prosecution under the FACE Act.
