The Justice Department sued Idaho on Tuesday over the state’s “trigger law” banning abortion.
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.
Idaho’s abortion ban, which is scheduled to take effect August 25, allows for abortions in the case of medical emergencies, 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.to healthcare facilities directing them to perform abortions when medically necessary under EMTALA, even when it’s banned under state law.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.
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