The ban, Idaho Code 18-622, was a trigger law which would only take effect if the U.S. Supreme Court overturned the constitutional right to abortion it had announced in Roe v. Wade (1973).

The Supreme Court did so in Dobbs v. Jackson Women's Health Organization, decided in June 2022, and Idaho's law was scheduled to take effect on August 25, 2022.

[1] According to the administration, and guidance it issued in July 2022 through the Department of Health and Human Services (HHS), EMTALA preempts state law that would prohibit such treatment.

[2] They argued that abortions were necessary in certain emergency situations not allowed by Idaho law, which only provides exceptions when "necessary to prevent the death of the pregnant woman", rape or incest, or an ectopic or molar pregnancy.

In January 2024, the Supreme Court temporarily allowed Idaho to enforce its abortion ban, and agreed to review both petitions (consolidated under the Moyle v. United States case) on an expedited basis by granting certiorari before judgment.

"[7] The Court issued its per curiam opinion on June 27, 2024, dismissing its earlier decision to hear the case by certiorari before judgment as improvidently granted.

The Court restored the lower-court order enjoining Idaho not to prevent hospitals from providing emergency abortions to protect against serious harm to the health of the mother.

[11] Justice Alito dissented, joined by Thomas and in part by Gorsuch, saying that the court should have decided the case on the merits now, in favor of Idaho.