Today, the U.S. Supreme Court sent the case challenging Idaho’s law protecting babies from conception (Idaho v. United States or Moyle v. United States) back to the 9th Circuit, where litigation will continue. The pro-life law will remain broadly in effect during this period.

EMTALA never mentions abortion, but it does require care for both a pregnant woman and her “unborn child,” which is specifically mentioned multiple times. After Solicitor General Prelogar conceded during oral arguments that abortion would never be indicated to treat mental health, no diagnosis was identified by the federal government as treatable under EMTALA that isn't also covered by Idaho law's life of the mother exception.

In a brief, the State of Idaho stated, “A medical provider complies with EMTALA when it offers stabilizing treatment in accord with state law and the hospital’s capabilities. That is exactly what the Fifth Circuit held in Texas, and that is why there is also no conflict between Idaho’s Defense of Life Act and EMTALA.”

The decision noted significant changes since the Biden administration sued Idaho in 2022 and pointed out that assumptions made by the district court judge were legally inaccurate based on updates to the law and a ruling by the Idaho Supreme Court.

State Policy Director Katie Daniel commented on the decision:

SBA Pro-Life America President Marjorie Dannenfelser added:

In her concurring opinion, Justice Amy Coney Barrett said:

Susan B. Anthony Pro-Life America is a network of more than one million pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special focus on promoting pro-life women leaders.