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Idaho v. United States — Amicus Brief

Summary of Argument

Idaho’s near-total abortion ban restricts access to necessary emergency reproductive healthcare, exacerbating preventable maternal mortality and morbidity and otherwise negatively impacting people capable of pregnancy in Idaho. The law’s narrow exception for life-saving care will not prevent or mitigate these harms in practice, and will leave patients in Idaho without access to emergency reproductive healthcare.

The United States has ratified several human rights treaties—including the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and the Convention Against Torture (CAT)—which require it to guarantee access to safe and legal abortion services, in particular in emergencies or acute medical crises governed by the Emergency Medical Treatment and Active Labor Act (EMTALA). In accordance with the United States’ obligations under these treaties, the federal government—and therefore each state—is required to respect, protect and fulfil individuals’ international human rights to life; health; privacy; non-discrimination; and to be free from torture, cruel, inhuman and degrading treatment. These rights are directly jeopardized by Idaho’s draconian abortion law.

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