Topline
The Justice Department sued Idaho on Tuesday over the state’s “trigger law” banning abortion, arguing it violates federal law, the first legal challenge the federal government has brought against state-level abortion bans that are coming into effect after the Supreme Court overturned Roe v. Wade—though more could follow.
bortion rights activists protest at White House on July 9 in Washington, D.C.
Key Facts
The lawsuit, filed in federal district court in Idaho, alleges the state’s near-total ban on abortion violates the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals that participate in Medicaid to provide emergency medical treatment to people who require it.
Idaho’s abortion ban, which is scheduled to take effect August 25, allows for abortions in the case when “necessary to prevent the death of the pregnant woman”—and does not exempt other medical emergencies that put the pregnant person’s health at risk—but the state can still arrest physicians who perform abortions even in those cases, leaving it up to them to defend themselves at trial.
That means the law will “prevent doctors from performing abortions” even when it’s medically necessary or the patient could die if it’s not performed, the DOJ alleges, arguing EMTALA should preempt the state law and allow abortions to be performed when deemed necessary.
The DOJ lawsuit asks the court to block the law “to the extent it conflicts with EMTALA,” which means that if the government succeeds, abortion could be better allowed in cases of medical emergencies, but could still be banned otherwise.
The lawsuit comes after the Biden administration previously issued guidance to healthcare facilities directing them to perform abortions when medically necessary under EMTALA, even when it’s banned under state law.
Idaho Attorney General Lawrence Wasden’s office has not yet responded to a request for comment.
Crucial Quote
“Pregnant patients who arrive at an emergency department are entitled to the stabilizing emergency care ensured under federal law when experiencing life- or health-threatening conditions,” the lawsuit states.
Tangent
In addition to the Biden administration’s lawsuit, abortion providers have also asked the Idaho Supreme Court to strike down the state’s abortion ban. A hearing is scheduled in that case for August 3, and some other states have had their abortion bans temporarily blocked in court in response to similar lawsuits. Texas is also suing the Biden administration over its guidance directing healthcare facilities to comply with EMTALA, and that legal challenge remains pending.
Key Background
The Idaho lawsuit is part of a broader effort by the Biden administration to blunt the impact of the Supreme Court overturning Roe v. Wade and the wave of state-level bans that have ensued. The administration has previously signaled it could take legal action against state abortion bans—both through EMTALA and in cases where states ban abortion pills that the Food and Drug Administration has approved—but had not yet filed any lawsuits before Tuesday’s action. “The Justice Department will use every tool at our disposal to protect reproductive freedom,” Attorney General Merrick Garland said after the court’s ruling. The concerns over Idaho’s abortion law preventing medically necessary care come amid reports that many physicians have delayed or refused to provide abortions despite the medical risks, even in cases like miscarriages or ectopic pregnancies. State abortion bans’ exceptions for medical emergencies have been criticized as overly vague and confusing—leaving physicians unsure at what point abortion is legally allowed—and healthcare workers face criminal charges if they violate the laws, which in most cases make performing abortions a felony.
Further Reading
Hospitals Need To Offer Abortions In Emergencies—Even In States Where It’s Illegal, HHS Says (Forbes)
Texas Sues Biden Administration For Requiring Abortions To Be Performed During Medical Emergencies (Forbes)
Kentucky Abortion Ban Goes Back Into Effect—Here’s Where State Lawsuits Stand Now (Forbes)
This story is breaking and will be updated.
Source: https://www.forbes.com/sites/alisondurkee/2022/08/02/biden-administration-sues-idaho-over-abortion-ban/