Idaho almost-total abortion ban, which effect later this month, according to the Department of Justice, it will be almost impossible to do so. for Patients who need abortion in medical emergencies such as ectopic pregnancy or other complications from potentially life-saving treatment.
“In the days when Dobbs’ decision was widely reported of delay or failure in pregnancy women is experiencing a medical emergency,” Attorney General Merrick Garland said. in a news conference Tuesday. “We will use every tool at our disposal to ensure that she is pregnant women receive the medical care to which they are entitled.”
trigger the law that was passed in 2020 will make abortion a criminal offense punishable up up to five years in prison. The ban has exceptions for cases of rape or incest if reported to law enforcement, or to prevent death of pregnant person.
The Department of Justice is suing under the Emergency Medical and Labor Act, which states that hospitals receiving Medicare funds “must provide the medical care necessary to stabilize the condition before transferring or discharging the patient.” patient”, the lawsuit said on Tuesday.
“Idaho law would make it criminal insult for doctors comply with EMTALA’s requirement to provide stabilizing treatment, even if the doctor determines that abortion is a medical treatment necessary to prevent patient from a serious health risk or even death” said the Ministry of Justice. in his claim.
CNN reached out To Idaho Attorney General Lawrence Wasden for comment.
According to Idaho state law, which set take effect on On August 25, abortion providers may be subject to arrest and prosecution if the prosecutor can show that you had an abortion with burden placed on on providers for prove affirmative defense”in court, according to the Justice Department.
The law “disposes medical workers in impossible situation, they must either refrain from stabilizing treatment required EMTALA or risk criminal prosecution and license revocation. Thus, the law will reduce the readiness of providers perform abortions in emergencies”, Assistant Attorney General Vanita Gupta, who is head of exercise forcehe said on Tuesday.
Garland said the lawsuit has “nothing to do”. with walk around” the Supreme Court decision in Dobbs.
“The Supreme Court has said that each state can make its own decisions with regarding abortion, but also federal government”, he told reporters on Tuesday. “Nothing the Supreme Court has said suggests that laws passed by Congress, such as in Any way disabled person. It’s quite the opposite. Supreme Court left it is to peoplerepresentatives. EMTALA was decision made Congress of United States. Supremacy Clause decision made in Constitution of United States. Federal law overrides state laws in direct contradiction.
Abortion providers and advocates in Idaho is also challenged trigger law, claiming that the law is vague that providers are not sure if they can provide care for Patients in cases such as miscarriage. The State Supreme Court is set hear the case on Wednesday.
This story was updated with additional details.
