Justice Department sues Idaho over abortion law
President Biden is signing an executive order, directing the Health and Human Services Secretary to help women access abortion services across state lines through Medicaid.
It’s the latest move from the Biden administration to protect or expand access and comes a day after the Justice Department sued Idaho, claiming the state is breaking federal law by not providing abortions to women who are having a medical emergency.
Attorney General Merrick Garland says under the Emergency Medical Treatment and Labor Act, doctors and hospitals are required to perform an abortion if they determine it will stabilize someone in an emergency. That applies even in states where abortion is illegal.
Garland says the Idaho law would subject doctors to arrest and criminal prosecution even if they perform an abortion to save a woman’s life.
MERRICK GARLAND | U.S. ATTORNEY GENERAL says: “Although the Idaho law provides an exception to prevent the death of a pregnant woman, it includes no exception for cases in which the abortion is necessary to prevent serious jeopardy to the woman’s health.
Idaho’s Attorney General Lawrence Wasden called the suit politically motivated. He said since the Dobbs decision quote: “the Department has had nearly six weeks to discuss with Idaho its abortion laws and their reconciliation with EMTALA.”
The big question is whether federal law supersedes state law when it comes to emergency abortion procedures. The Justice Department is seeking an injunction, and a judgment that Idaho’s law breaks the constitution’s supremacy clause. Straight from DC, I’m Ray Bogan