Democratic News Hubb
Advertisement
  • Home
  • News
  • Democratic
  • Contact us
No Result
View All Result
  • Home
  • News
  • Democratic
  • Contact us
No Result
View All Result
Democratic News Hubb
No Result
View All Result
Home News

Idaho Legislature’s attorneys file appeal over right to intervene in federal abortion case

admin by admin
March 15, 2023
in News


Attorneys hired to represent the Idaho Legislature in a federal case over Idaho’s abortion ban have appealed their right to intervene in the case to the Ninth Circuit Court of Appeals, according to records.

The lawsuit, filed in August by the U.S. Department of Justice against the state of Idaho, argues the state’s near-total ban on abortions violates the federal Emergency Medical Treatment and Labor Act. That act requires hospitals to provide medical care to stabilize all patients who come to the hospital with a medical emergency, and if the hospital does not comply, it stands to lose funding from the federal Medicare program.

Idaho’s abortion law allows affirmative defenses for rape, incest and to save the patient’s life. Medical providers who are found guilty of violating the statute face felony charges and suspension or permanent revocation of a medical license.

Need to get in touch?

Have a news tip?

District Judge B. Lynn Winmill granted the Department of Justice’s request for an injunction blocking state officials from prosecuting medical providers or hospitals for performing an abortion to avoid jeopardizing a patient’s health.

The Legislature’s attorneys, Monte Neil Stewart and Daniel W. Bower, were permitted to appear at the initial hearing in the case in August, but Winmill denied further involvement because the state’s attorney general is already involved in the case. The attorneys also intervened in the challenge to Idaho’s abortion bans that were filed by Planned Parenthood, and Stewart argued the case before the Idaho Supreme Court in addition to the Idaho attorney general’s office’s attorneys. Since the beginning of 2022, the state has spent nearly $284,000 on the private representation for the Legislature. 

Stewart and Bower renewed their motion to intervene in the DOJ case in early February and it was again denied, which is the basis for the appeal.

If the Ninth Circuit also denies the appeal, the case could be referred to the U.S. Supreme Court. 

Idaho AG spokesperson: Legislature knows we will zealously defend abortion law

Stewart and Bower could not be reached for comment but have previously stated in court briefs that the Legislature’s position is that the Idaho attorney general’s office will not provide a full and zealous defense of the law. Those briefs were filed when Idaho’s attorney general was Lawrence Wasden, but he has since been replaced by Idaho Attorney General Raúl Labrador, who took office in January.

Labrador criticized Wasden during the primary and general election in 2022 for a perceived unwillingness to meet the wishes of Idaho legislators when defending laws in court. Labrador said he would aggressively defend the laws in court as a conservative.

Emily Kleinworth, spokesperson for Labrador’s office, told States Newsroom in an email the Legislature is aware that Labrador’s attorneys will “zealously defend state law.” Deputy Attorney General Steven Olsen wrote in a February brief to the court that the injunction should be lifted because the Idaho Supreme Court upheld the laws as constitutional in January.

“We have no opinion about the Legislature’s litigation strategy and are delighted to be working with them on any litigation. We refer you to their leadership or their outside counsel for any comments on their strategy,” Kleinworth said.

The Legislature’s representation is scheduled to file its first brief in the appeal in June. Winmill has not made a ruling on the motion to lift the injunction partially blocking the law.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX



Source link

Previous Post

Facebook owner Meta to cut 10,000 jobs in second round of layoffs | Social Media News

Next Post

Keystone oil pipeline was pushed to bounds of its permit before Kansas spill • Missouri Independent

Next Post

Keystone oil pipeline was pushed to bounds of its permit before Kansas spill • Missouri Independent

Recommended

Lawsuit seeks to overturn Missouri abortion ban as violation of religious rights • Missouri Independent

January 20, 2023

Congress Holds Hearing on Genocide of Uyghur Muslim

March 24, 2023

Idaho legislator changes testimony ban to allow people under 18 to testify with parental permission

January 28, 2023

Brazil’s Richarlison sparkles in 2-0 win over Serbia | Qatar World Cup 2022 News

November 24, 2022

Don't miss it

News

Federal Agency Says Biden Student Loan Cancellation Can’t Go Into Effect

March 23, 2023
News

Moderna plan to hike COVID vaccine price to $130 a dose rebuked at U.S. Senate hearing • Missouri Independent

March 23, 2023
News

Priorities for rail safety bill debated in U.S. Senate hearing with Norfolk Southern CEO

March 23, 2023
Democratic

China approves first domestic mRNA COVID-19 vaccine | Coronavirus pandemic News

March 22, 2023
Democratic

Fake news has capacity to destroy democracy, says CJI Chandrachud, wants ‘selective quoting of judges’ to stop

March 22, 2023
Democratic

Oklahoma AG’s office questions Walters’ authority to impose new education rules

March 22, 2023
News

TikTok’s ‘National Security Threat Is So Grave’

March 22, 2023
News

What plaintiffs targeting abortion pill want might not even be possible • Missouri Independent

March 22, 2023

democratic-white

© 2022 Democratic News Hubb All rights reserved.

Use of these names, logos, and brands does not imply endorsement unless specified. By using this site, you agree to the Privacy Policy and Terms & Conditions.

Navigate Site

  • Home
  • News
  • Democratic
  • Contact us

Newsletter Sign Up

No Result
View All Result
  • Home
  • News
  • Democratic
  • Contact us

© 2022 Democractic News Hubb All rights reserved.