The state will not be able to prosecute doctors who perform an abortion to protect the health of the woman, decided judge B. Lynn Winmill.
This suspension will continue until the end of a legal action challenging the ban on abortion, he added.
Idaho, a rural and conservative state in the American West, was among the first to adopt a new law following the U.S. Supreme Court’s regarding-face on the right to abortion at the end of June .
The text, which remains very restrictive, entered into force today.
Attorney General Merrick Garland had asked the court to block the law, saying it violated a federal law on medical emergencies because it did not provide an exception in case of “serious health hazard” of the pregnant woman and authorized lawsuits once morest doctors.
In his decision, Judge B. Lynn Winmill noted that this case “does not carry the bygone constitutional right to abortion”.
“Women in Idaho will receive emergency medical care to which they are entitled under federal law”
“This court does not have to decide this broader, deeper question”, he wrote.
“But the court is called upon to resolve a much more modest issue, namely whether Idaho’s abortion law conflicts with a small but important piece of federal law. It does,” a poursuivi B. Lynn Winmill.
Even if limited to a specific point, the decision constitutes a success – although relative – for the administration of Joe Biden.
Elle “helps ensure that women in Idaho will receive the emergency medical care to which they are entitled under federal law,” greeted Minister Merrick Garland on Wednesday in a statement.
A dozen states have already banned abortions on their soil and, eventually, half of the 50 states should do so.
With AFP