[This piece has been published in Restoring America to highlight how Biden's Justice Department is twisting federal law to prevent states from legislating on the issue of abortion.]
met the Idaho law’s requirement of “restor[ing] to the states their authority to prohibit abortion.”
It is possible to imagine, as the DOJ lawsuit describes, a situation in which, taken together, the Emergency Medical Treatment and Labor Act and the Idaho law create a dilemma for emergency room doctors. But is this dilemma an actual conflict between the statutes?The Supreme Court, for example, hasthat when areas of traditional state concern are involved, the presumption is against federal preemption.
Therefore, the so-called conflict, if it can even be called that, is not created by the interaction of the federal and state statutes involved here. It is created by the hospital’s choice to participate in the Medicare program.