WASHINGTON, DC – Senators James Lankford (R-OK), Jim Risch (R-ID), and Mike Crapo (R-ID) along with Representatives Russ Fulcher (R-ID) and Mike Simpson filed an amicus brief with the US Supreme Court (SCOTUS) in the case of Moyle v. United States American and Idaho v. United States of America. The brief supports the State of Idaho in defending its pro-life law, the Defense of Life Act, against the Biden Administration’s efforts to override it with its wrongful reinterpretation of federal law.

“Idaho, like other states, passed laws to protect the unborn after the Supreme Court overturned Roe v. Wade. The Biden Administration is trying to break federal law and overstep state authority to advance its extreme abortion agenda. The Supreme Court should affirm a state’s right to protect every life,” said Lankford. 

“Idahoans have passed a strong law to protect the lives of mothers and the unborn, yet the Biden Administration is seeking every opportunity to expand abortion.This administration cherrypicked pieces of existing statute and wrongfully reinterpreted it to fit their agenda,” said Risch. “Their manipulation of federal law cannot usurp state law, and there is no federal right to an abortion. This amicus brief demonstrates how the Administration’s substantial federal overreach is aimed at undermining pro-life protections not only in Idaho but around the nation.

“The case of Moyle v. United States and Idaho v. United States involves an elective, induced abortion which is against Idaho law,” said Fulcher. “The Biden Administration has no authority to use EMTALA to avoid holding these individuals accountable for breaking the law, and this sets a precedence that is harmful to women and children around the country.”

“The Supreme Court has ruled it is the states’ ability to protect the right to life, yet the Biden Administration continues to exercise federal overreach to advance its abortion agenda,” said Crapo. “The Administration must stop its ongoing attacks on state-issued pro-life protections, including in Idaho.”

“The Biden administration’s overreaching efforts to expand abortion nationwide is an attempt to take power away from the American people,” said Simpson. “The Supreme Court rightfully ruled that states have the right to protect life, yet this Administration continues to undermine that decision. I strongly support the right of all states to protect the unborn, and I reaffirm this priority by joining this amicus brief.”

The amicus brief outlines several issues with the Biden Administration’s case against Idaho’s bill. The brief clarifies:

  • The Administration is wrongfully misinterpreting the Emergency Medical Treatment and Labor Act (EMTALA) into federal agency guidance and claiming it provides a national abortion mandate for “stabilizing” abortions;
  • EMTALA does not mention abortion in any capacity, and the statute’s purpose is to ensure any person seeking help in an emergency room receives help regardless of his or her ability to pay;
  • EMTALA protects women in active labor and their unborn child(ren);
  • There is no federal right to an abortion; and
  • SCOTUS ruled in Dobbs v. Jackson Women’s Health there is no constitutional right to an abortion and it returned abortion-related decisions to the states.

Senators Cindy Hyde-Smith (R-MS), Roger Wicker (R-MS), Marco Rubio (R-FL), John Kennedy (R-LA), Mike Braun (R-IN), John Thun (R-SD), Mike Lee (R-UT), Ted Budd (R-NC), Steve Daines (R-MT), Joni Ernst (R-IA), John Hoeven (R-ND), John Cornyn (R-TX), Cynthia Lummis (R-WY), Pete Rickets (R-NE), Todd Young (R-IN), Bill Cassidy (R-LA), Kevin Cramer (R-ND), Josh Hawley (R-MO), John Barrasso (R-WY), Ted Cruz (R-TX), Lindsey Graham (R-SC), Marsha Blackburn (R-TN), and Markwayne Mullin (R-OK) joined in submitting the brief.

The amicus brief can be read here.

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