Judge: Legislature can intervene a little in abortion case

FILE - People attending a anti-abortion rally to celebrate the overturn of Roe vs. Wade sing and dance to Christian praise music outside of the Idaho Statehouse in Boise, Idaho on June 28, 2022. On Saturday, Aug. 13, 2022, a federal judge said the Idaho Legislature can intervene in the U.S. Department of Justice lawsuit targeting Idaho's total abortion ban, but only to present evidence about emergency abortions performed in Medicaid-funded emergency rooms. (Sarah A. Miller/Idaho Statesman via AP, File)

BOISE, Idaho (AP) — A federal judge says the Idaho Legislature can intervene in the U.S. Department of Justice lawsuit targeting Idaho’s total abortion ban, but only to present evidence about emergency abortions performed in Medicaid-funded emergency rooms.

In the written ruling handed down Saturday, U.S. District Judge B. Lynn Winmill said the Legislature’s interests are already well-represented by the Idaho Attorney General’s office so there’s no reason to add another party.

The Justice Department sued Idaho last week over the state’s strict abortion ban, saying it would force doctors to violate the Emergency Medical Treatment and Labor Act, a federal law that requires anyone coming to a medical facility for emergency treatment to be stabilized and treated.

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