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SCOTUS Decision on Idaho Abortion Case is Procedural, Law is Still in Place Saving Lives

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For Immediate Release
June 27, 2024

Contact:  CWA Communications Team

SCOTUS Decision on Idaho Abortion Case is Procedural, Law is Still in Place Saving Lives

Biden’s attempt to force abortion on the American people continues

Washington, D.C. – Today, Concerned Women for America (CWA), the nation’s largest public policy women’s organization, responded to the United States Supreme Court decision in Idaho v. United States on whether to stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act (EMTALA) preempts it.

“Today’s Supreme Court decision dismissing Moyle v. United States and Idaho v. United States as ‘improvidently granted’ simply means the case will go back to the Ninth Circuit Court of Appeals for full briefings on the case, said Penny Nance, CEO and President of CWA. It is a procedural, per curiam opinion, where the Court took no position on the merits of the arguments. Idaho’s pro-life law is still in place, saving thousands of lives, though abortions in emergency room situations might be allowed to continue while the legal proceedings progress.

“The media will no doubt spin this with their usual pro-abortion spin, but the pro-life community is laser-focused on protecting mothers and saving unborn lives, and we are thrilled that state pro-life laws continue to serve that dual purpose. There is much work to be done, but we are slowly moving towards a day when every mother and child are loved in a way that abortion is unthinkable in the United States of America.

“This is yet another attempt by the Biden Administration to force abortion on the American people following the Dobbs decision. The President wants the federal courts to, once again, circumvent the clear reading of the law to impose a non-existent right to abortion on the country.

“Pregnancy is not an illness and ending the life of the unborn is never a ‘stabilizing treatment.’

“Biden’s Department of Justice is attempting to use EMTALA to force emergency room doctors and hospitals to perform abortions in violation of state law, and their rights of conscience.

“The Idaho law is reasonable, and the federal courts should not, once again, interject its own policy preferences for that of the people of Idaho.”

Concerned Women for America is the nation’s largest public policy organization for women; we are dedicated to promoting Biblical values and Constitutional principles. More information is available at