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Biden DOJ sues Idaho over state’s ban on abortion, claims it violates federal law



The Biden administration on Tuesday sued Idaho over its law banning abortions in most circumstances, arguing the state’s move conflicts with federal law.

The Justice Department claims the Emergency Medical Treatment and Labor Act requires hospitals receiving federal Medicare funding to perform emergency services, which can include abortion.

Specifically, the government argues a woman could use emergency care for an abortion if she has preeclampsia, an ectopic pregnancy or an infection.

“The Idaho law would make it a criminal offense for doctors to comply with EMTALA’s requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death,” the lawsuit read.

It asks the court to rule that the state’s law, which is set to take effect later this month, runs afoul of the U.S. Constitution and federal law.

“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” Attorney General Merrick B. Garland said Tuesday in announcing the lawsuit.  


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“That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law,” he added.

Department of Health and Human Services Secretary Xavier Becerra said patients have a right to health care no matter where they live.

“Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions,” he said.

The Idaho abortion ban allows for exceptions only in the case of rape, incest or to save the life of the mother.

The Biden administration announced last month it was notifying health care facilities of the Emergency Medical Treatment and Labor Act as a way to protect access to abortion in states that have moved to curtail the procedure following the high court’s overturning of Roe v. Wade, the 1973 case that gave women a national right to abortion.

Texas sued the Biden administration days after it made the announcement, arguing it can’t force doctors in the state to perform the procedure in violation of state laws. That lawsuit is pending in a federal court in Texas.

President Biden recently signed an executive order aimed at ensuring access to reproductive health care after the Supreme Court in June upended abortion jurisprudence in the case Dobbs v. Jackson Women’s Health Organization, which upheld a 15-week ban on abortion in Mississippi and overruled Roe.

The ruling sent the issue of abortion back to the state legislatures, followed by several conservative states moving to ban abortion.

Four days after the president’s order, the Department of Health and Human Services issued a mandate to “override individual states’ abortion laws under the authority of the EMTALA,” according to the Texas lawsuit.

A spokesperson from the Idaho attorney general’s office did not immediately respond to a request for comment over the Justice Department’s lawsuit.

The EMTALA was passed in 1986 to ensure no one was turned away from emergency health services whether or not they were able to pay for the medical treatment.





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