March 2025 Update – Reproductive Care in Idaho
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The first few months of 2025 have seen some significant developments in the legal landscape of reproductive care in Idaho following the 2022 ruling in Dobbs v. Jackson and the subsequent prohibition of abortion in Idaho. For related developments leading up to this year, see Update on Dobbs and Obstetrical Care in Idaho.
Most recent news:
January 2025- St. Luke’s Healthcare in Boise, ID filed a lawsuit (St. Luke’s v. Labrador) in which they seek a declaratory judgment that invalidates Idaho’s abortion prohibition, to the extent that it conflicts with the Emergency Medicine Treatment and Labor Act (EMTALA). As part of the action, St. Luke’s filed requests for preliminary and permanent injunctions against enforcement of the state law for abortions provided under EMTALA.
March 5th– U.S. Department of Justice filed a motion to dismiss the federal case of United States v. Idaho, which similarly sought to require medically necessary abortions as part of stabilizing medical care under EMTALA. Court injunctions in this case, with some temporary interruptions, have largely allowed emergency abortions in Idaho since 2022.
March 4th– In response to the anticipated dismissal of the DOJ’s EMTALA case, St. Luke’s requested and was granted a Temporary Restraining Order against enforcement of the state’s prohibition.
March 20th– In St. Luke’s v. Labrador, the U.S. District Court issued a preliminary injunction prohibiting Idaho’s Attorney General from prosecuting St. Luke’s or it’s medical providers for performing an abortion that is necessary to stabilize a patient presenting with an emergency medical condition as required under EMTALA. The preliminary injunction will remain in effect until judgment is rendered in the underlying case.
March 21st– Meanwhile, state legislators in Idaho introduced a bill that would include the treatment of a “serious health risk” as an exception to Idaho’s abortion prohibitions (which currently only provide exceptions for the risk of death). The bill was approved for introduction by the Senate State Affairs Committee, but it was noted that the bill is unlikely to move forward to full hearing this year.
Current Status:
In light of the above recent events, physicians who practice within St. Luke’s Health System are required to, and are currently protected from prosecution for, performing abortions when necessary as part of stabilizing care under EMTALA. This protection only applies to St. Luke’s medical staff and employees who treat patients presenting to an emergency facility.
Importantly, the recent dismissal of the of United States v. Idaho case has the opposite effect for all other healthcare providers in Idaho who are not treating patients through St. Luke’s Health System. These providers, who were previously allowed to perform abortions as part of EMTALA care under a legal injunction, are once again prohibited from performing abortions, unless there is a reasonable medical probability that failure to do so will result in the patient’s death.
The court has not yet scheduled a further hearing date in the St. Luke’s v. Labrador case. MIEC will continue to monitor this matter, and we will keep our members informed of significant developments.