The Trump administration is poised to roll back a Biden-era legal effort to blunt the effects of the overturning of Roe v. Wade.
The Justice Department plans to drop a Biden-era challenge to Idaho’s law banning abortion in nearly all circumstances, a move that could end access to most abortions for women in the state whose pregnancy poses serious health risks, according to a court filing on Tuesday.
The decision represents one of the first major steps under President Trump to roll back former Attorney General Merrick B. Garland’s efforts to blunt the impact of the Supreme Court’s 2022 ruling overturning Roe v. Wade.
The Trump administration plans to “dismiss its claims in the above case, without prejudice” as early as Wednesday, a lawyer with the department’s civil division wrote in an email to lawyers for the state’s largest hospital system.
The action would effectively lift a federal appellate court’s hold on parts of the near-total ban, which was passed by the state’s Republican-controlled Legislature in 2020 in anticipation of the nullification of the national right to an abortion.
Excerpts from the government’s email were included in a request in Federal District Court by the Boise-based St. Luke’s Health System for a new temporary freeze to give it time to adjust to the law, which bans all abortions other than those required to prevent a woman’s death, or in certain cases of rape or incest.
Hospitals in Idaho need the temporary delay “to train their staff about the change in legal obligations” and to arrange logistics “to airlift patients out of state” if they require an abortion rendered illegal in Idaho, wrote Wendy J. Olson, a lawyer for the system.