Legal Opinion

United States v. State of Idaho

District Court, D. Idaho

Decided February 3, 2023No. 1:22-cv-00329Unknown

1Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO UNITED STATES OF AMERICA, Case No. 1:22-cv-00329-BLW Plaintiff, MEMORANDUM DECISION v. AND ORDER THE STATE OF IDAHO, Defendant. INTRODUCTION The United States of America filed this case against the State of Idaho on August 2, 2022, challenging

Idaho Code § 18-622(2), which makes it a felony for anyone to perform or attempt to perform or assist with an abortion. The United States maintains that the law violates the Supremacy Clause and is preempted to the extent it is contrary to the Emergency Medical Treatment and Labor Act (EMTALA), 42…

2Cases cited10 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Dobbs v. Jackson Women's Health OrganizationSupreme Court of the United States · 2022
  3. Citizens for Balanced Use v. Montana Wilderness Ass'nCourt of Appeals for the Ninth Circuit · 2011
  4. Perry v. Proposition 8 Official ProponentsCourt of Appeals for the Ninth Circuit · 2009
  5. Arakaki v. CayetanoCourt of Appeals for the Ninth Circuit · 2003

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