BOISE – Acting in response to the Idaho Attorney General’s emergency application, the Supreme Court of the United States today took the rare step of granting an immediate stay of the preliminary injunction issued by a U.S. District Judge in State of Idaho v. United States of America, which prevented Idaho from implementing its Defense of Life Act. A Ninth Circuit panel initially overruled the District Judge and would have allowed Idaho to implement its law. However, the full Ninth Circuit overruled the panel decision and halted the implementation of Idaho’s law protecting the unborn.
On Friday, January 5, 2024, the Supreme Court overruled the Ninth Circuit decision. In addition, the Supreme Court took the extraordinary step of granting certiorari to decide the case on the merits and removing the case from the Ninth Circuit’s consideration entirely. The Supreme Court indicated the case would be heard sometime in April. A stay is typically granted if the moving party shows that it is likely to prevail on the merits.
Praising the Supreme Court’s decision, Idaho Attorney General Raúl Labrador said, “We are very pleased and encouraged by the Supreme Court’s decision today. The federal government has been wrong from day one. Federal law does not preempt Idaho’s Defense of Life Act. In fact, EMTALA and Idaho’s law share the same goal: to save the lives of all women and their unborn children. Today, the Supreme Court’s decision is a big step in stopping the administration’s lawless overreach. The people of Idaho have spoken with clarity on the issue of life.”
