Opinion by Paul Waldman and Greg Sargent: DOJ’s new lawsuit against Idaho throws down the gauntlet on abortion
against a new state abortion ban, challenging a law soon to take effect in Idaho. This may be the first of many, because if the department prevails, more abortion bans in Republican-run states could be the target of a federal lawsuit.The specifics of this lawsuit highlight a key arena in the abortion wars going forward.
EMTALA is a federal law. Under the Constitution’s supremacy clause it trumps state laws, and as the Justice Department argues: “The Idaho law would make it a criminal offense for doctors to comply with EMTALA’s requirement to provide stabilizing treatment.”Advertisement In essence, if doctors and health-care providers are required by federal law to treat certain patients facing serious health emergencies — but not necessarily death — then that might preempt state laws prohibiting abortions in such circumstances.
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US sues Idaho over abortion law, cites medical treatmentThe Justice Department has filed a lawsuit that challenges Idaho’s restrictive abortion law, arguing that it conflicts with a federal law requiring doctors to provide pregnant women medically necessary treatment that could include abortion. Attorney General Merrick Garland announced the suit on Tuesday. Garland said the federal government was bringing the lawsuit, which seeks to invalidate the state’s “criminal prohibition on providing abortions as applied to women suffering medical emergencies.” It's the first major action by the Justice Department challenging a state trigger law since the Supreme Court overturned Roe v. Wade in June.
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Justice Department sues Idaho over abortion law in first legal challenge since Roe's reversalJUST IN: The Justice Department sues Idaho over its abortion ban, the first lawsuit since Roe v. Wade was overturned.
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Biden Justice Department sues Idaho over state's abortion restrictionsThe Biden administration filed a lawsuit on Tuesday against Idaho for restricting access to abortion to patients who need lifesaving medical treatment, the first such Justice Department challenge since the Supreme Court overturned Roe v. Wade this summer.
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Justice Department sues Idaho over abortion ban in first post-Roe litigationBREAKING: Justice Dept. files lawsuit arguing that Idaho’s near-total abortion ban violates federal law, the Biden admin.’s first litigation to protect abortion access since the Supreme Court overturned the Roe v. Wade decision in June.
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Watch Live: U.S. Attorney General Merrick Garland Briefs Press on DOJ Lawsuit Challenging Idaho Abortion LawAttorney General Merrick Garland is set to announce what the Justice Department calls “action to protect access to reproductive healcare.”
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Justice Department files lawsuit challenging Idaho abortion lawAttorney General Merrick Garland announced that the Justice Department will be filing a lawsuit challenging Idaho's abortion law, arguing it violates federal law requiring medical providers to offer emergency medical treatment.
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