DOJ brings lawsuit against Idaho over its abortion trigger law, says law conflicts with federal law

The United States Department of Justice filed a lawsuit against the state of Idaho this week over its trigger law on abortion that placed a near complete ban on abortions in the state after the Supreme Court overturned Roe v. Wade. 

The lawsuit claims the new Idaho law conflicts with federal law that requires doctors and healthcare providers to issue adequate care to a pregnant individual, which might include abortion. US Attorney General Merrick Garland said the lawsuit aims to end Idaho’s “criminal prohibition on providing abortions as applied to women suffering medical emergencies.”

“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said DHS Secretary Xavier Becerra in a statement. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”

The DOJ claims the Idaho law violates the Emergency Medical Treatment and Labor Act. “Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it,” the DOJ said in a statement.




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Laura is a freelance writer out of Maryland and a mom of three. Her background is in political science and international relations, and she has been doing political writing and editing for 17 years. Laura has also written parenting pieces for the Today Show and is currently working on writing a collection of remarkable true stories about normal people. She writes for FBA because unbiased news is vital to unity, and readers deserve the facts free of opinion.

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