Physicians urge revisions after judge blocks part of Idaho abortion ban

Earlier this month, more than 300 Idaho doctors signed a letter urging the revision of Idaho’s near-total ban on abortions.

The group, which calls itself the Idaho Coalition for Safe Reproductive Health Care, cited a lack of legal protection for doctors providing emergency care as a major concern.

“The Total Abortion Ban outlaws the abortion of any type of ‘clinically diagnosable pregnancies’ without any exception for serious, life-threatening pregnancy complications,” the letter stated. “Uncertainty about the risk of criminal charges for providing evidence-based care during such a complication could result in catastrophic outcomes.”

On Wednesday, a federal judge blocked a part of that ban, preventing attorneys from prosecuting doctors who are performing an abortion in an emergency medical situation.

Judge B. Lynn Winmill in Boise made the decision, saying the law does not provide adequate legal protection to physicians performing abortions in emergency care, and would violate the Emergency Medical Treatment and Labor Act, known as EMTALA.

That decision is likely to be appealed by the state, but will, for the time being, allow doctors to perform abortions with less fear of criminal charges. The outcome in Idaho could also affect how similar bans being considered in other states are worded.

The coalition’s letter, signed by one Lewiston-based OBGYN and two Moscow doctors, characterized the law as it is currently written as “dangerously vague and excessively restrictive.”

The coalition cited birth complications including ectopic pregnancy and early incomplete miscarriage, along with other complications and conditions such as pre-viable preeclampsia or heart failure that would require immediate emergency care.

“With no option but to continue the pregnancy, patients with these conditions face an unacceptably high risk of death or permanent disability,” the letter stated. “As health care providers we guide patients and their families with the best scientific evidence available, we consult with their spiritual leaders, but ultimately the decision of who lives and who dies is the sole decision of the patient; not us, and most certainly not the lawmakers.”

The letter continues to state that the law fails to make exceptions in the case of lethal or severely life-limiting diagnosis of a fetus such as anencephaly, where the major portions of the brain, skull or scalp fail to develop properly.

“Continuing this pregnancy increases the risk of major maternal complications, while also further delaying the ability to conceive a healthy pregnancy,” the letter stated.

The letter asked Idaho citizens to contact representatives to recommend revisions to the law “to protect the women of our state from reproductive harm.”

Sun may be contacted at rsun@lmtribune.com or on Twitter at @Rachel_M_Sun. This report is made possible by the Lewis-Clark Valley Healthcare Foundation in partnership with Northwest Public Broadcasting, the Lewiston Tribune and the Moscow-Pullman Daily News.