An American federal judge on Wednesday blocked part of a law that bans most abortions in the state of Idahowhich is a victory for the administration of President Joe Biden.
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The state cannot prosecute doctors who perform abortions for the sake of the pregnant woman’s health, Judge B. Lynn Winmill ruled Wednesday.
The magistrate agreed with the US government, which was appearing as the plaintiff, and ruled that Idaho cannot prohibit abortion in situations in which its practice follows the standards set by the federal Administration for emergency care.
In essence, the judge indicates in his brief that Idaho has jurisdiction to legislate on abortion, but that it is limited by health regulations imposed at the federal level.
The injunction will remain in effect until a court case challenging the abortion law is resolved, the judge ruled.
Idaho, a rural and conservative state, was one of the first to pass a strict law that prohibits abortion in most casesafter the United States Supreme Court annulled the national right to this procedure in June.
The rest of the law, which is still very restrictive, will take effect this Thursday.
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Ensures that women in the state of Idaho can get the emergency medical treatment they are entitled to under federal law
Attorney General Merrick Garland had asked the court to block the entire bill, arguing that it violated federal law around medical emergencies, since it did not establish an exception in cases of risk to the health of the pregnant patient. , and authorized legal action against health care providers.
Despite its narrow focus, the ruling represents a victory for the Biden administration.
“It ensures that women in the state of Idaho can obtain the emergency medical treatment to which they are entitled under federal law. This includes abortion when that is the necessary treatment,” Garland said in a statement late Wednesday.
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Following the Supreme Court decision in June, 13 states have banned abortion and about half of the 50 states are expected to ban the procedure.
AFP and EFE
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