Justice Department sues Idaho to challenge state’s abortion law

The U.S. Justice Department has filed suit against the state of Idaho in an effort to challenge the legality of the state’s abortion laws. This is the first such lawsuit since the Supreme Court overturned Roe v. Wade and sent power back to the states where it belongs.

Attorney General Merrick Garland made the announcement at a press conference Tuesday, and the Biden regime’s litigious wingman made dubious claims that Idaho’s law does not allow for exceptions in cases where the mother’s life is at risk.

Idaho’s law will go into effect on August 25, but Garland claims the law violates the Emergency Medical Treatment and Labor Act (EMTALA) –  except that by all appearances, it doesn’t. In fact, the law outlines exceptions for rape, incest and other conditions where the life of the mother is in peril.

(Video: NBC News)

Nevertheless, Garland claims the law is “too narrow” and thus, the federal government’s power eclipses Idaho’s authority.

“In the days since the Dobbs decision, there have been widespread reports of delays and denials of treatment to pregnant women experiencing medical emergencies. Today, the Justice Department’s message is clear: It does not matter what state a hospital subject to EMTALA operates in,” he said.

“If a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, hospitals must provide the treatment necessary to stabilize that patient,” Garland said. “This includes abortion when that is the necessary treatment.”

The lawsuit claims, “The State of Idaho, however, has passed a near-absolute ban on abortion. Once the Idaho law takes effect on August 25, 2022, Idaho Code § 18-622 will make it a felony to perform an abortion in all but extremely narrow circumstances.”

The suit continues, “The Idaho law would make it a criminal offense for doctors to comply with [Emergency Medical Treatment and Labor Act] requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death.”

Idaho’s Republican Governor Brad Little said the overreaching Biden regime is out of line and should focus its attention on matters of inflation and the border crisis.

He was joined by Idaho Attorney General Lawrence Wasden, who said in a statement, “Contrary to the carefully edited assertion in paragraph 25 of the Department’s complaint that Idaho’s laws are preempted, EMTALA actually states: ‘The provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section.'”

Wasden added, “Instead of complying with the requirements of this provision and reconciling Idaho’s law with EMTALA, or even attempting to engage Idaho in a meaningful dialogue on the issue, the federal government has chosen to waste taxpayer dollars on an unnecessary lawsuit.”

Associate Attorney General Vanita Gupta, whose sole job it appears is to spearhead the DOJ’s response to any SCOTUS ruling they don’t like, said the Idaho law would “presumptively criminalizes all abortions.”

He also complained the law places the onus on abortion doctors to justify why an abortion procedure is necessary, which many would say is exactly where the burden should rest.

Garland’s claims were summarily dismantled by the average Joe on Twitter.

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