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Biden administration sues Idaho over abortion restrictions

WASHINGTON – Biden administration sues Idaho on Tuesday over strict state abortion law set take effect this month, which the Justice Department says will ban emergency room doctors from performing abortions necessary to stabilize health. of women facing urgent medical conditions.

lawsuit, announced Attorney General Merrick B. Garland is first Biden administration filed for protection access for an abortion after the decision of the Supreme Court in at the end of June, which ended the constitutional right to terminate a pregnancy.

Since then, Mr. Garland has noted on news conference on Tuesday, “messages were widely circulated of delays and failures of treatment for pregnant women women dealing with emergencies.” The lawsuit alleges that federal law, the Emergency Medical Services and Labor Act, prohibits states from imposing restrictions that prevent emergency room doctors from treating these people. women.

“If a patient comes to the emergency room with is a medical emergency that threatens the patient’s life or health, the hospital must provide the treatment necessary to stabilize the condition. patientMr Garland said. “That includes abortion when it’s a necessary treatment.”

Litigation came like voters in Kansas has strongly decided to uphold a 2019 state Supreme Court ruling interpreting the state constitution as protecting the right to abortion. Voting initiative is first referendum on abortion rights since the adoption by the US Supreme Court decision in end of June.

Last month, after the federal department of Health and social services put out guide to ensure access have an abortion in some emergencies in hospitals receiving Medicare funding, Attorney General Ken Paxton of Texas filed a lawsuit challenging rules.

new the case raises similar legal questions about the extent of Federal EMT Protection Act who decide that abortion is necessary treat dangerous complications of pregnancy that are not achieved of direct threat to life of a patient. However, this time the federal government is the plaintiff, not the defendant.

Ministry of Justice also seeking an injunction barring Idaho from enforcing strict abortion law on emergency doctors, nurses and laboratory assistants who help with abortions in emergencies, including in which the women face terms like ectopic pregnancy, severe preeclampsia, or pregnancy complications that threaten septic infections or bleeding.

Idaho almost-total ban on abortion contained trigger it would be allow take it effect shortly after any U.S. Supreme Court ruling to overturn Roe v. Wade’s abortion rights case. Because the court made such a decision earlier this summer, Idaho law set take effect in about three weeks.

Legislation bans abortion, unless it is necessary to save a life of pregnant woman – but not to protect her health – or in cases of rape or incest that was previously reported to the authorities.

it allows law enforcement officers to arrest and charge the doctor whenever an abortion has been performed, regardless of of circumstances; this is up see a doctor like defense in court to prove what one of narrow exceptions to the applicable prohibition. How result, critics of The law says doctors will be afraid perform abortion under any circumstances.

The Justice Department lawsuit seeks a court declaration that Idaho law is invalid if it applies to situations covered by the Emergency Medical Services and Labor Act because the US Constitution makes federal law supreme. over state law where they conflict.

“Even in difficult situations that qualify for limited Idaho law needed to prevent death of pregnant woman affirmatively defensesome providers may suspend care based on on well-founded fear of criminal charges,” the department’s complaint reads.

It went on to say, “Therefore, Idaho abortion law prohibits physicians from performing abortions even if the physician determines that abortion is a medically necessary treatment to prevent severe risk to the patient’s health and even in cases where denial of care, probably result in death for pregnant patient”.

In a statement by Gov. Brad Little of The Idaho Republican called the lawsuit “federal interference” and said the Supreme Court “returned issue of states to regulate abortion – the end of story”.

“U.S. Department of Justice Intervention with The Idaho Life Protection Act is another example. of Biden still goes too far againMr Little said.

Along with Mr. Garland, Vanita Gupta, the attorney’s assistant, appears. general and head of task of the Ministry of Justice force on reproductive rights, said that her working group studied “fast- changing landscape” of government legal restrictions on abortion after the decision of the Supreme Court. She suggested that more litigation is likely follow.

“We know that they are frightening and insecure times for pregnant women and their providers,” she said. “Ministry of Justice through work of its task is force strives to do its best to ensure continuation, legal access to reproductive services.

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Tyler Hromadka
Tyler Hromadka
Tyler is working as the Author at World Weekly News. He has a love for writing and have been writing for a few years now as a free-lancer.

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