`Case 1:22-cv-00329-BLW Document 93-2 Filed 08/22/22 Page 1of3
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`EXHIBIT 2
`EXHIBIT 2
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`Case 1:22-cv-00329-BLW Document 93-2 Filed 08/22/22 Page 2 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF IDAHO
`SOUTHERN DIVISION
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`Case No. 1:22-cv-329-BLW
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`v.
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`THE STATE OF IDAHO,
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`Defendant.
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`[PROPOSED/FALL-BACK] ORDER
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`Upon consideration of the United States’ Motion for a Preliminary Injunction, and the
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`parties’ respective submissions in support thereof and in opposition thereto, the Court hereby
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`grants the United States’ motion to the extent set forth below and otherwise denies it.
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`It is ORDERED that the State of Idaho, including all of its officers, employees, and agents,
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`are preliminarily enjoined from enforcing Idaho Code § 18-622(2)-(3) to the extent, but only to
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`the extent, that such enforcement will actually prohibit, preclude, or unduly interfere with medical
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`treatment (i) that is provided “to stabilize” (within the meaning of the Emergency Medical
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`Treatment and Labor Act (“EMTALA”), 42 U.S.C. § 1395dd(e)(3)(A)) and (ii) that is provided in
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`a “hospital” (within the meaning of EMTALA, 42 U.S.C. § 1395dd(e)(5)). As used in the previous
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`sentence, “enforcing” and “enforcement” mean and encompass only actual conduct the purpose
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`and effect of which is to threaten or prosecute any criminal proceeding against or attempt to
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`suspend or revoke the professional license of any medical provider or hospital based on their
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`provision of medical treatment constituting an “abortion” (within the meaning of Idaho Code § 18-
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`Case 1:22-cv-00329-BLW Document 93-2 Filed 08/22/22 Page 3 of 3
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`604(1)) when, but only when, that treatment is of an “emergency medical condition” (within the
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`meaning of EMTALA, 42 U.S.C. § 1395dd(e)(1)) and the withholding of that treatment “could
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`reasonably be expected to result in— … serious impairment to bodily functions or … serious
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`dysfunction of any bodily organ or part” of “a pregnant woman” (within the meaning of EMTALA,
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`42 U.S.C. § 1395dd(e)(1)(A)(ii)-(iii)).
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`SO ORDERED.
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`2
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