Dear Friends,
Last week, my office filed a motion asking a federal court to dismiss a lawsuit challenging Idaho’s Defense of Life Act. The plaintiff claims that Idaho’s pro life laws are unconstitutional and prevent doctors from providing necessary emergency medical care. However, the evidence tells a remarkably different story.
The physician bringing this challenge, Dr. Stacy Seyb, admitted under oath that he arranged emergency flights to send pregnant patients out of state during emergency situations without first determining what Idaho law actually allowed him to do. He never read the statute itself, nor did he review the Idaho Supreme Court’s 2023 decision clarifying what doctors are allowed to do in such circumstances. He also neither received nor requested training from St. Luke’s Health System regarding what abortion procedures are lawful under Idaho’s statutes. In short, Dr. Seyb failed to understand Idaho law and neglected to educate himself on his professional duties and responsibilities before sending patients out of state.
Patients suffered from his lack of understanding, not because of our laws.
Idaho’s Defense of Life Act is clear. Physicians can perform abortions when they believe, in their good faith medical judgment, an abortion is necessary to prevent the death of the mother. Doctors don’t need to wait until death is certain. They don’t need to believe death is imminent. And the Idaho Supreme Court further clarified this in their 2023 decision upholding Idaho’s law.
For years, Idaho has faced unfair attacks in the media, with irresponsible claims that our pro-life laws force doctors to deny women lifesaving care. These claims have been repeated loudly and often. But the facts now show that Dr. Seyb sent patients out of state, not because Idaho law required it, but because he chose not to educate himself on what the Idaho law allows doctors to do in emergency situations. And even more troubling, rather than training their physicians on when abortions are permitted in Idaho, St. Luke’s left their own doctors in the dark.
Idaho’s laws were crafted with compassion, clarity, and support for both mothers and their unborn children. Our laws work in harmony to protect life while allowing physicians to make good faith medical decisions. Physicians have broad clinical judgment under Idaho law. They always have. But that judgment can only be exercised if they take the time to understand what the law permits.
As your Attorney General, I will always fight to defend Idaho’s laws protecting mothers and their unborn children. Through our laws, Idaho has chosen life. And I will continue to ensure that our laws are accurately understood and vigorously defended against wrongful attacks.
Best regards,
