WASHINGTON – Department of On Tuesday, a court filed a lawsuit alleging that Idaho is almost…total Abortion ban violates federal law – Biden administration first abortion lawsuit access since the Supreme Court overturned the 1973 Roe v. Wade case. decision in end of June.
While creating announcement At Justice Department headquarters, Attorney General Merrick Garland told reporters that Idaho’s ban violates a federal law that requires medical professionals to offer emergency medical care.
In accordance with the Emergency Medical Services and Labor Act (EMTALA), each hospital in The United States receiving Medicare funds must provide patients with “essential stabilizing treatment.” who arrive to their emergency departments during a medical emergency,” the 17-page complaint reads. In some cases, abortion is the necessary treatment.
“This may be the case, for for example, when a woman has a miscarriage that threatens to cause a septic infection or bleeding, or suffers from severe preeclampsia,” Garland said.
Idaho law, which set take effect on August 25, “will be considered a criminal offense perform abortion in all but extremely narrow circumstances,” the complaint says, including when doctors provide emergency medical care required under federal law.
The lawsuit seeks a declarative ruling stating that Idaho law violates the Supremacy Clause of the Constitution, is preemptive, and contrary to with The federal law. it also seeks ruling that Idaho cannot initiate prosecution against or try to revoke a professional license of any medical provider who has an abortion permitted by federal law. branch also called for preliminary and permanent injunction against state of Idaho to prohibit enforcement of his ban on abortion when he contradicts with The federal law.
“In the days when Dobbs’ decision was widely reported of delays and failures of treatment for pregnant women women experiencing a medical emergency,” Garland said. — Ministry of Justice announcement today clear – It doesn’t matter what state the EMTALA covered hospital operates in in. 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. patient. This includes abortion, and this is a necessary treatment.”
AT statement Gov. Brad Little, a Republican, said Tuesday that work with Idaho attorney general uphold the law of the state”in in face of federal intervention.
“Our nation highest the court returned issue of states to regulate abortion – the end of storyLittle said. — US Department of Justice intervention with The Idaho Life Protection Act is another example. of Biden still goes too far again while he continues to ignore questions that really should demand his attention is like crushing inflation and open border with Mexico.”
Assistant Attorney General Vanita Gupta, who leads the Department of Justice’s reproductive rights task. forcesaid during announcement Tuesday when Idaho law lays the burden on doctors prove in court after arrest and an indictment that they are not criminally responsible.
“Doctors can only do this by proving that the abortion they performed was necessary. for one of two reasons: prevent death of pregnant woman or in answer to the case of rape or incest that was previously reported to the police or in a business of minor to Child Protective Services. Doctors who can’t handle this burden face two to five years’ imprisonment and recall of their medical license,” Gupta said.
The lawsuit comes weeks after Garland said the department would advise federal agencies. on their powers when it comes to protection access on abortions, filing lawsuits and entering into lawsuits on in side of private sides with amicus summaries and statements of interest.
“The Ministry of Justice intends use every tool we have ensure reproductive freedom,” he told reporters. He also said that his office file a motion to dismiss a Texas lawsuit challenging the Department’s direction of Health and welfare services requiring health care providers to offer abortions in emergency situations.
the federal law on on which the guidance is based “requires hospitals to provide stabilizing care for a patient who comes in with a medical emergency that seriously endangers their lives or their health,” Garland said. “And where that stabilizing treatment is a miscarriage, they have to provide a miscarriage. They must do so in defiance of state law, which is so narrow that it does not even protect a woman’s life or health.”
On Friday, Garland, Gupta and other Justice Department officials held a meeting. of private law firms, law professors, bar associations and public interest groups at the White House to discuss legal representation for patients, health care providers and third parties who legally request or offer reproductive health services throughout the country.
The department “works tirelessly to protect access to reproductive services” in confession of “The crisis is what it is,” Garland said.
“It’ll take everything of us — government lawyers, private pro bono lawyers, bar associations, public organizations concerned – do everything possible to protect access reproductive health and ensure active legal representation of patients, providers and third parties in need,” he said.
Meanwhile, voters in Kansas to make decision Tuesday on constitutional amendment that would future of right to abortion in their condition is first time anywhere in USA that the voters will throw ballots on abortion since the Supreme Court overturned Rowe.
Zoe Richards contributed.