Idaho abortion decision leaves both sides in long-term limbo

The decision, which remands the case to the 9th Circuit Court of Appeals, means that the issue isn’t over. A separate case regarding the 1986 law, State of Texas v. Becerra, is still ongoing.

The ruling could give the Democrats fodder for what has become their key 2024 campaign argument, but they will need to maintain energy on the issue after the two recent Supreme Court wins on abortion rights.

The Biden campaign released a new ad Thursday messaging on protecting physicians and patients in emergency situations that require an abortion.

“When you’re the only person in the emergency room at 2 in the morning, and someone comes in hemorrhaging, and they are pregnant, you’re responsible,” reads OB-GYN Lauren Miller in the ad. Miller left Idaho because of the abortion ban, according to the Biden-Harris campaign.

Some argue the decision could affect voter motivation, regardless of party.

“While this litigation continues, it’s a reminder and a wake-up call that the stakes of the coming election are higher than ever for unborn children and their mothers,” said SBA Pro-Life America President Marjorie Dannenfelser. “That is why we are working relentlessly to reach 10 million voters — with 4 million visits directly to their homes — across eight key battleground states that will determine who has control in Washington.”

“The Supreme Court’s ruling that preserves EMTALA in Idaho aligns with the public’s overwhelming concern and underscores the vital role this law plays in protecting patients’ lives,” said Lindsay Vermeyen, a partner at Benenson Strategy Group, a Democratic polling firm.

Her firm’s survey found that the case was important to 77 percent of respondents, and 80 percent of respondents would be more motivated to vote in November if the Supreme Court ruled against federal law protecting emergency abortions.