The Justice Department on Tuesday filed a lawsuit against the state over the state’s abortion “trigger” law, which goes into effect at the end of the month and would ban most abortions in the state.
Idaho is one of several states that passed trigger law in 2020 go through If the U.S. Supreme Court sends the abortion issue back to the states by overturning it, such a law would ban most abortions within the state Roe v. Wade. With the recent court decision to overturn roeIdaho’s abortion ban will go into effect on August 25.
Abortion would be a felony under Idaho’s “trigger” law abortion ban. The law provides an active defense for abortion providers in cases of incest, rape and saving the life of a pregnant woman. However, the law excludes situations where doctors believe they will hurt themselves if they don’t perform the abortion.
Deputy Attorney General Vanita Gupta argued that the Idaho law takes precedence over the Emergency Medical Care and Labor Act (EMTALA).Under EMTALA, any hospital receiving Medicare funds must “provide necessary stabilization for patients who arrive at the emergency room in the event of a medical emergency,” Justice Department complaint Say.
The DOJ lawsuit against Idaho is the first since Biden announced the Gupta-led reproductive rights task force after the Supreme Court overturned the Supreme Court decision roe.
“The complaint alleges that Idaho law violates EMTALA because it presumes all abortions to be criminalized, making it a felony for physicians to provide emergency treatment required by federal law, even though refusing care could result in the death of a pregnant patient,” Gupta Say.
Gupta debate The law puts medical professionals in an “impossible situation” because “they must either refuse stable treatment required by EMTALA or risk felony prosecution and license revocation.”
Under Idaho law, health care providers who perform illegal abortions can face two to five years in prison and have their medical licenses revoked.
Attorney General Merrick Garland said:
Today, the DOJ’s message is clear – it doesn’t matter which state a hospital under EMTALA operates in. If a patient enters the emergency room due to a medical emergency that threatens the patient’s life or health, the hospital must provide the necessary treatment to stabilize that patient. This includes abortion, which is necessary treatment.
Justice Department sues Idaho to protect reproductive rights
Complaint claims Idaho law violates Emergency Medical Care and Labor Lawhttps://t.co/paRRWVAM7i pic.twitter.com/ZMJU2BV4BQ
— Department of Justice (@TheJusticeDept) August 2, 2022
According to the Department of Justice complain:
As a result, Idaho’s abortion law will prevent doctors from performing abortions even if the doctor determines that the abortion is medically necessary treatment to prevent serious risks to the patient’s health, even if the denial of care could result in the death of a pregnant patient. Idaho’s new abortion law is in direct conflict with EMTALA to the extent that Idaho law prohibits physicians from providing medically necessary treatment (including abortion) for emergency medical care required by EMTALA.
The Justice Department asked a federal court to issue a declaratory judgment that found the law unconstitutional and barred Idaho from punishing health care providers who performed abortions in the state. The agency also asked the court for an injunction to enforce Idaho law “to the extent that it would conflict with and prevent physicians from providing emergency treatment required by federal law.”
Idaho Gov. Brad Little (R) calls DOJ lawsuit ‘another example [President Joe] Biden ‘overextended’ statement Posted after DOJ appealed. Xiao said:
— Brad Little (@GovernorLittle) August 2, 2022
Our Nation’s Supreme Court Hands Abortion Issues Back to States to Regulate – End of Story. The Justice Department’s interference with Idaho’s anti-abortion laws is another example of Biden crossing the line again, while he continues to ignore issues that really need his attention — like suppressing inflation and an open border with Mexico.
Governor Little also pledged to work with Idaho’s attorney general to defend the law in court.
“In Idaho, we are proud that we have led the country in protecting fetal life,” Little said. “I will continue to work with Attorney General Lawrence Wasden to vigorously uphold state sovereignty and defend Idaho’s laws in the face of federal interference.”
the case is U.S. v. Idaho, No. 1:22-cv-00329-BLW, U.S. District Court for the State of Idaho.
Jordan Dixon-Hamilton is a reporter for Breitbart News.write to him jdixonhamilton@breitbart.com or follow him Twitter.
