PHOENIX – Arizona Attorney General Kris Mayes has joined a coalition of 24 attorneys general in filing an amicus brief in the U.S. v. Idaho case, urging the Ninth Circuit Court of Appeals to maintain a preliminary injunction that blocks Idaho’s strict abortion ban, which lacks an emergency care exception. The coalition argues that the absence of an emergency abortion exception in Idaho’s law endangers patients’ health and risks overwhelming healthcare systems in Idaho and nearby states.
“Idaho’s abortion ban is not only dangerous, it’s unlawful under federal standards,” said Mayes. “Emergency abortion care saves lives, and we cannot allow this ban to put lives at risk or strain healthcare systems across Idaho and its neighboring states.”
Under the Emergency Medical Treatment and Labor Act (EMTALA), hospitals with emergency departments that participate in Medicare must treat all patients with emergency medical conditions before they are discharged or transferred. However, Idaho’s abortion ban does not align with EMTALA’s protections, as it omits emergency abortion care as a recognized exception. The coalition’s brief emphasizes that federal agencies and courts have consistently upheld that emergency abortion care falls within EMTALA’s scope.
The brief also highlights the potentially severe impacts of Idaho’s policy, including increased maternal mortality risk, irreversible injuries, and a potential exodus of healthcare providers from the state. Idaho has already seen nearly one in four obstetricians leave or retire following the ban’s enactment, affecting the quality and accessibility of care. Pregnant patients may now be forced to seek medical services in neighboring states, placing additional pressure on their healthcare systems.
Mayes’ stance aligns with an earlier multistate coalition effort to support the district court’s preliminary injunction, which the U.S. Supreme Court returned to the Ninth Circuit for further proceedings.
The coalition supporting the amicus brief includes the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.