The Biden administration has filed its first lawsuit to protect abortion access in red states following the Supreme Court’s decision to invalidate Roe v. Wade, which legalized abortion nationwide.
The suit centers around a contentious Idaho law, which the Justice Department says will inhibit emergency room doctors from performing abortions in medical emergencies.
As The New York Times reports:
The lawsuit, announced by Attorney General Merrick B. Garland, is the first time the Biden administration has filed new litigation to protect access to abortion since the Supreme Court ruling in late June that ended the constitutional right to terminate pregnancies.
Since then, Mr. Garland noted, “there have been widespread reports of delays and denials of treatment to pregnant women experiencing emergencies.” The lawsuit argues that a federal law, the Emergency Medical Treatment and Labor Act, bars states from imposing restrictions that would prevent emergency room doctors from treating those women.
“If a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, the hospital must provide the treatment necessary to stabilize that patient,” Mr. Garland said. “This includes abortion when that is the necessary treatment.”
The Emergency Medical Treatment and Labor Act requires hospitals that accept Medicare to perform medically necessary treatment before discharging patients.
DOJ says the act preempts state law.
Bloomberg further notes:
The Idaho law is scheduled to take effect Aug. 25. The state has already been sued over the law by regional Planned Parenthood at least three times.
The court ruled that abortion policies are up to the states. The feds need to keep their noses out of it.