US Supreme Court hears arguments on Idaho abortion law this week. How did we get here?

Just over a year after Winmill issued the partial injunction, a three-judge panel of the 9th Circuit Court of Appeals reversed course. Idaho physicians could no longer use EMTALA as a basis for performing abortions to protect the health of pregnant patients experiencing medical emergencies.

EMTALA injunction reversed again, raised to SCOTUS

That decision was short-lived. The following month, the 9th Circuit Court granted an appeal from the U.S. Department of Justice for an emergency reconsideration “en banc,” meaning 10 judges would weigh in. The partial injunction was back in place.

The en banc panel in November 2023 denied Idaho’s motion to get rid of the injunction. One week later, Idaho Attorney General Raúl Labrador asked the U.S. Supreme Court to consider the case.

In January, the U.S. Supreme Court quietly issued an order removing the partial injunction. For the second time since the Department of Justice sued Idaho in August 2022, the total abortion ban went into full effect without exceptions for pregnant patients’ health.

It was the Supreme Court’s first acknowledgment of Labrador’s request. The order indicated that the court would hear the case in April.

Since then, dozens of stakeholders have weighed in with amicus briefs. Physicians told the court that the conflict between Idaho law and EMTALA is devastating for patients. Businesses said the law harms them and the economy. Conservative groups championed the Idaho law and said abortion is unnecessary for stabilizing patients.

The Supreme Court justices Wednesday will hear one-hour oral arguments from Idaho and the U.S. Department of Justice. The court is expected to issue a decision in June or early July.