Attorney General Merrick Garland announced Tuesday that the Justice Department has filed a lawsuit against the state of Idaho challenging its law that will take effect next month and would make it a crime to perform an abortion under all circumstances except in extremely limited circumstances.
Garland said the law violates the federal Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals that receive Medicare funds to provide necessary treatment to patients who come to their emergency departments while experiencing a medical emergency
That medical care, according to Garland and the DOJ’s lawsuit, could include abortion.
“The lawsuit seeks to invalidate the state’s criminal ban on abortions, as it applies to women experiencing medical emergencies,” Garland said at a news conference at the Justice Department. “As detailed in our complaint, Idaho law would make it a criminal offense for physicians to provide emergency medical treatment required by federal law.”
Attorney General Merrick Garland speaks during a news conference at the US Department of Justice, August 2, 2022, in Washington, DC Garland announced that the US Department of Justice has filed a lawsuit to block the new restrictive law of Idaho Abortion.
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Garland said that while the law provides an exception to prevent the death of a pregnant woman, it “does not include any exception for cases where the abortion is necessary to prevent a serious danger to the woman’s health.” .
“Furthermore, it would subject doctors to arrest and criminal prosecution even if they perform an abortion to save a woman’s life,” Garland said. “And that would put the burden on doctors who are not criminally liable.”
Garland used his news conference to call attention to other states that he says have passed restrictions on reproductive health care that similarly violate federal law in the wake of the Supreme Court’s decision overturning Lava Roe v.
“We will use every tool at our disposal to ensure that pregnant women receive the emergency medical treatment to which they are entitled under federal law,” Garland said. “And we will closely scrutinize state abortion laws to ensure they comply with federal law.”
The lawsuit asks a judge to declare the Idaho law invalid under the Supremacy Clause of the Constitution and strike down federal law to the extent it conflicts with EMTALA.
