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. According to the lawsuit filed on August 2, 20222, the state’s abortion ban contravenes the Emergency Medical Treatment and Labor Act, a federal law that compels hospitals that receive federal funding to provide emergency medical care to pregnant women, including through the termination of pregnancies, 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 said at a news conference announcing the lawsuit: “Today, the Justice Department’s message is clear… if a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, the hospital must provide the treatment necessary to stabilize that patient.” 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.
