District Judge B. Lynn Winmill will issue a written decision by Wednesday to either grant or deny a pause in the implementation of Idaho’s law banning nearly all abortions before the law is scheduled to take effect on Thursday.

Attorneys for the U.S. Department of Justice, the Idaho Attorney General’s office and the Idaho Legislature met Monday morning in Boise for the first time since the Department of Justice filed a lawsuit against the state of Idaho on the grounds that the abortion ban violates the federal Emergency Medical Treatment and Labor Act. That law requires hospitals that receive payments for the federal Medicare program to provide medical care to stabilize all patients who come to the hospital with a medical emergency. Violating the federal law can result in a hospital losing its ability to receive Medicare payments — one of the main sources of revenue for hospitals.

Winmill began the hearing by saying the case is not about the U.S. Supreme Court’s decision to overturn Roe v. Wade at the end of June, and said he had several concerns about situations highlighted by physicians who offered signed statements to the court saying the law would inhibit medical treatment. He said he thought the federal law and Idaho’s law seemed to be in “absolute conflict” with each other.

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