United States of America v. State of Idaho
Description: The Biden administration is attempting to use federal law, the Emergency Medical Treatment and Active Labor Act, to force emergency room doctors to perform abortions that are illegal under Idaho law.
Idaho, ADF back at 9th Circuit defending pro-life law from Biden admin overreach
WHO: Alliance Defending Freedom attorneys
WHAT: Available for media interviews following oral arguments in United States of America v. State of Idaho
WHEN: Immediately following oral arguments, which begin at 1:30 p.m. PST, Tuesday, Dec. 10
WHERE: U.S. Court of Appeals for the 9th Circuit, Richard H. Chambers Courthouse, Courtroom 3, 125 S. Grand Ave., Pasadena. To schedule an interview, contact ADF Media Relations Manager Bernadette Tasy at (480) 356-0324.
PASADENA, Calif. – Alliance Defending Freedom attorneys will be available for media interviews immediately following oral arguments Tuesday in United States of America v. State of Idaho. The Office of the Idaho Attorney General, with the assistance of attorneys from Alliance Defending Freedom, is urging the U.S. Court of Appeals for the 9th Circuit to stop the Biden administration from misusing federal law to override Idaho’s Defense of Life Act. Idaho’s law protects the lives of women and their unborn children, preventing doctors from performing abortions unless necessary to save the life of the mother or in cases of rape or incest.
In August 2022, the administration sued Idaho, claiming that it could use the federal Emergency Medical Treatment and Active Labor Act and pay private hospitals to violate Idaho’s protections for life. But as the attorneys explain, the federal government cannot pay private parties to circumvent state law. Additionally, no conflict exists between EMTALA and Idaho’s law as both seek to save lives. In June, the U.S. Supreme Court sent the case back to the 9th Circuit for further consideration. Idaho filed its opening brief in September and received broad support in favor of upholding its law.
“The Biden administration’s radical interpretation of federal law demonstrates a lawless disregard for Idaho’s right to protect life,” said Idaho Attorney General Raúl Labrador. “Idaho’s Defense of Life Act is perfectly consistent with the federal Emergency Medical Treatment and Active Labor Act, which requires doctors to care both for women and their ‘unborn children.’”
“At the U.S. Supreme Court and in the 9th Circuit, the administration has repeated unsubstantiated claims that Idaho’s law required women to be emergency airlifted from our state to obtain an abortion,” Labrador added. “But the hospital system spreading that misinformation has admitted under oath that it doesn’t know why these women chose to be airlifted. Idaho’s law expects doctors to save women’s lives, and we are urging the 9th Circuit to recognize Idaho’s right to pass and enforce its laws.”
“Both Idaho’s law and EMTALA seek to protect the lives of women and their unborn children, and the consistency between those laws makes us confident about the future of this case,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch, who will be arguing before the court. “Moreover, the government’s claim that it can use its spending power to override any state law it doesn’t like is not only wrong but also accepting that novel theory would have significant consequences. The administration can’t pay private hospitals to violate state law. Under Idaho’s law, doctors will continue to provide care to women experiencing ectopic pregnancies, miscarriages, and life-threatening conditions. We join Idaho in urging the court to end the administration’s unlawful overreach and protect the people’s freedom to protect life.”
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT Kristen Waggoner
As the CEO, president, and general counsel of Alliance Defending Freedom, Kristen Waggoner leads the faith-based organization in advancing every person's God-given right to live and speak the truth in the U.S. and around the world. She oversees more than 450 ADF team members in 10 global offices. Since 2011, ADF has won 15 cases at the U.S. Supreme Court, three of which were argued by Waggoner: Masterpiece Cakeshop v. Colorado Civil Rights Commission, Uzuebgunam v. Presczewski, and 303 Creative v. Elenis. ADF also has a strong record of international success at the European Court of Human Rights, United Nations, and other leading courts and tribunals and has secured the release of more than 1,000 imprisoned Christians. After clerking with Washington Supreme Court Justice Richard B. Sanders, Waggoner practiced law for over 16 years at a Seattle firm before joining ADF in 2013. She is Peer Review Rated AV® Preeminent™ in Martindale-Hubbell. Waggoner is a sought-after public speaker who often appears in national and international media outlets.
ABOUT John Bursch
John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.
ABOUT Erin Morrow Hawley
Erin Morrow Hawley serves as senior counsel and vice president of the Center for Life and regulatory practice at Alliance Defending Freedom. Before joining ADF, Hawley practiced appellate law at Kirkland and Ellis LLP, Bancroft LLP, and King & Spalding LLP. Hawley has litigated extensively before the U.S. Supreme Court as well as numerous federal courts of appeals and state courts of last resort. She also worked at the U.S. Department of Justice, serving as counsel to Attorney General Michael Mukasey. As an academic, Hawley served as an associate professor of law at the University of Missouri and she also taught constitutional law as a senior fellow at the Kinder Institute for Constitutional Democracy. Hawley is a former law clerk to U.S. Supreme Court Chief Justice John G. Roberts and Judge J. Harvie Wilkinson of the U.S. Court of Appeals for the 4th Circuit. Hawley received her bachelor’s degree in Animal Science from Texas A&M University and her law degree from Yale Law School where she served as a Coker Fellow in Constitutional Law and on the Yale Law Journal. She is an active member of the Missouri and District of Columbia bars and is admitted to practice before the U.S. Supreme Court and various federal courts of appeals.