DOJ’s: Idaho was sued last week by the U.S. Department of Justice in a dispute over Idaho’s anti-abortion law, which, in the words of the suit, imposes a “near absolute ban” on abortion. The August 2, 2022 lawsuit claims the state’s abortion ban contravenes the Emergency Medical Treatment and Labor Act.
This federal law requires federally funded hospitals to provide emergency care, including pregnancy termination if medically necessary. The lawsuit seeks to preempt the Idaho law and prevent the criminalization of doctors who perform emergency abortions.
U.S. Attorney General Merrick Garland announced the lawsuit at a news conference. He said, “The Justice Department’s message is clear.” Hospitals must provide necessary treatment to stabilize patients with life-threatening emergencies.” He added, “This includes abortion when that is the necessary treatment. “
The law, if effectuated on August 25th, 2022, will make it a felony to perform an abortion in most circumstances. Associate Attorney General Vanita Gupta maintained that the law “places the burden on physicians to prove at trial, following arrest and indictment, that they are not criminally liable.”
MyLS Conclusion: This will likely be the first in a series of attempts by the federal government to use its spending powers, rather than the constitutional rights of those pregnant, to maintain access to abortion following the overruling of Roe v. Wade.
