The Institute for Faith and Family ( has filed an amicus curiae brief with the U.S. Supreme Court supporting the State of Idaho in their defense against a lawsuit by the Biden Administration which is attempting to use a federal law to nullify state law and force pro-life doctors in emergency rooms around the country to perform abortions. The Ninth Circuit sided with the Biden Administration and the State of Idaho has appealed that decision.  The case will be argued before the U.S. Supreme Court in April.

The clash between Idaho and the Biden Administration occurred shortly after the Dobbs decision.  In late June 2022, many states quickly began restricting abortion.  The Idaho legislature had banned abortion in 2020 except in cases of rape, incest or life of the mother.  That law was “triggered” with the Dobbs decision.  The ink on the Dobbs decision was barely dry when the Biden Administration attempted an end-run around the Dobbs decision.  The Administration issued a memorandum stating that all hospitals receiving monies under the Emergency Medical Treatment and Labor Act (EMTALA) must perform abortions despite state restrictions to the contrary.  Failure to comply with this edict would result in fines and possible forfeiture of Medicare funds.  In August, due to the Idaho abortion statute, the Biden Administration sued the State claiming a violation of the federal law.

In our brief, we argue that forcing doctors to perform abortion against their conscience violates their religious freedom guaranteed by the First Amendment, a right that cannot be superseded by a statute. Additionally, we argue that requiring a doctor to perform an abortion against his/her conscience violates the Religious Freedom Restoration Act, a law that broadly protects religious freedom that can only be restricted if the state has a “compelling state interest.”

We are hopeful that the U.S. Supreme Court will agree with our position and protect a doctor’s right to exercise his or her religious liberty by refusing to perform an abortion.

Click here to download the brief, or read it in full below.