An Amicus brief was filed with the US Supreme Court by the Institute for Faith & Family (IFFNC.com) in the State of Idaho vs. The United States of America. In 2020, the State of Idaho passed the Idaho Defense of Life Act, a so-called “trigger law,” which became effective immediately upon the U.S. Supreme Court’s overturning of Roe v. Wade in 2022. Idaho’s law outlaws abortion for any reason except saving the life of the mother. The U.S. Justice Department filed suit against the State of Idaho seeking to strike down the Idaho abortion law under the novel theory that it violates the Emergency Medical Treatment & Labor Act (EMTALA) which does not address abortion but requires hospitals with emergency rooms to examine and treat individuals who present themselves for emergency medical care.
An emergency application was filed by Idaho Attorney General Ral Labrador and Alliance Defending Freedom in defense of the “Idaho Defense of Life Act,” countering the argument the law violates the Emergency Medical Treatment & Labor Act (EMTALA). The Institute for Faith & Family’s brief addresses the violation of First Amendment protections afforded individual doctors, nurses, and hospitals who morally object to performing abortions and argues EMTALA cannot be applied to force medical professionals and institutions to perform abortions in violation of their conscience.
“The Biden Administration is attempting to skirt Dobbs by asserting that abortion is emergency medical care. It is not, and EMTALA has no application to abortion. This blatant attempt to override the sovereignty of individual states and scare women into believing emergency room doctors won’t give them care for life threatening conditions has to be stopped,” said IFF Executive Director Tami Fitzgerald.
From the Supreme Court to the 5th, 9th, and 11 Circuits, IFF has filed dozens of Amicus briefs over the years on a number of major cases impacting issues of pro-life, pro-family, and pro-religious freedom. IFF is the sister organization of NC Values Coalition. Attorney Deborah Dewart wrote and filed the State of Idaho vs. The United States of America brief on behalf of the Institute for Faith & Family.
Click here to download the brief, or read it below.
You can also click here to view the amicus brief IFF filed in Mike Moyle, Speaker of the Idaho House of Representatives, Et Al., vs. United States.
