John,

 

I have GOOD NEWS this weekend – and it’s not that Jim Jordan lost his third attempt at becoming Speaker of the House.

 

Earlier this month, I wrote to let you know that the U.S. Ninth Circuit Court of Appeals upheld Idaho’s total abortion ban, even in cases of life-threatening emergencies.

 

Under the law, emergency room physicians who perform an abortion are subject to felony charges. You can read all about that decision and its impact across the country below.

 

But here’s the good news: the court has agreed to reconsider the case!

 

The Ninth Circuit is made up of 28 judges – 15 appointed by Democratic presidents and 13 appointed by Republican presidents. The three judges that upheld this law were all appointed by Donald Trump.

 

In the coming weeks or months, the case will be reviewed by 10 of the 28 judges, selected at random. Until then, Idaho emergency room doctors can continue to perform abortions if the patient’s life may depend on it.

 

You can read more about the trial below, and click here to help send me to Congress so I can work to undo this disastrous legislation in Idaho and other GOP-controlled states.

 

For Idaho’s 2nd,
David Roth
         

David Roth is a single, gay dad running for Idaho’s Second Congressional District. We’re going up against a GOP incumbent who has been in this seat for almost 25 years. It’s time for change in Idaho, and our grassroots campaign is building on the momentum that began in David’s race for U.S. Senate last cycle. The GOP is not planning to defend this seat, so we plan to take it from them and help Democrats retake the House majority next year. We’d love your support to build a solid campaign to bring progress to Idaho and the country.

 

John,

 

We have a problem. 

 

A few days ago, the Justice Department lost in its attempt to protect Idaho doctors from prosecution for performing emergency, life-saving abortions. 

 

Last year, our state legislature made it a crime for emergency room physicians to perform an abortion, even if the patient’s health was in jeopardy. The DOJ stepped in and won a partial injunction, arguing that the state law conflicts with federal laws covering emergency care.

 

A U.S. Court of Appeals reversed that decision on Thursday, risking women’s lives and doctors’ careers. Unless the physician can prove in court that a patient would have died without an abortion, performing the operation is a felony in Idaho.

 

Now, in our own hospitals, doctors cannot perform emergency abortions even when the woman’s bodily functions, limbs, or organs will suffer permanent damage without one.

 

Republicans say this law will save lives. That is a lie. It will take them.

 

We’ve already seen this in other states with equally strict abortion bans. When faced with the decision to perform an abortion on a patient who might die otherwise, doctors are extremely unlikely to act. 

 

If you could be arrested, convicted, imprisoned, and lose your job for doing your job, what would you do? In a life-or-death situation, even pausing to consider the options could cause irreparable harm to the at-risk patient.

 

Idaho women will die because of this law, and doctors will leave the state. But this news will have a lasting impact across the country, too.

 

In the decision to overrule the lower court, Ninth Circuit Judge Lawrence VanDyke wrote that the federal government has no “discernible interest” in impeding states’ “internal medical affairs.”

 

The next time the DOJ tries to step in to protect women in GOP-controlled states, the courts will look to this decision, and the Justice Department may lose.

 

What can we do, John? Until I’m elected to Congress, I’m just like you. I have no power to stop this or protect the women in my life. 

 

The good news is this doesn’t have to last forever. Here are some important things to know if you are a woman reading in Idaho. Men, I hope you will forward and share this with the women in your life.


1. Abortions are legal in every state we share a border with, except for in Utah after 18 weeks. Utah passed a full abortion ban in 2020 that is currently on hold.

A map by The New York Times showing which states have passed abortion bans. The states are colored based on the number of weeks into pregnancy that abortions are banned. States with full abortions bans include Idaho, North Dakota, South Dakota, Oklahoma, Texas, Missouri, Arkansas, Louisiana, Mississippi, Indiana, Kentucky, Tennessee, and Alabama.

2. There are social media accounts and blogs committed to reporting on the current state of abortion across the country. Following any of these can help you stay ahead of what our lawmakers might try to do next. I recommend subscribing to Jessica Valenti’s Abortion, Everyday newsletter on Substack for the most up-to-date information on the ongoing attack on women.

 

3. We can undo this legislative assault by voting out Republicans in the statehouse. Democrats make up only 18 of the 105 seats in the Idaho legislature, and only 30% of our lawmakers are women. To repeal this abortion ban, we have to help elect a new class of Idahoans who care about equality and women’s rights.

 

These are dark times, but I have faith there’s a light at the end of this tunnel, John.

 

I’ll continue to advocate and fight for women here as a citizen and later in Congress. Until then, stay tuned for more updates.

 

Your next representative,

 

David Roth
         

David Roth is a single, gay dad running for Idaho’s Second Congressional District. We’re going up against a GOP incumbent who has been in this seat for almost 25 years. It’s time for change in Idaho, and our grassroots campaign is building on the momentum that began in David’s race for U.S. Senate last cycle. The GOP is not planning to defend this seat, so we plan to take it from them and help Democrats retake the House majority next year. We’d love your support to build a solid campaign to bring progress to Idaho and the country.