Idaho's abortion law is being challenged in court by the Biden Administration's Department of Justice. Attorney General Merrick Garland announced his intention to sue the state of Idaho in a news conference earlier today. The lawsuit is designed to block Idaho's 'Trigger Law' from going into effect later this month.

Garland's lawsuit argues that Idaho's law violates federal law due to not allowing hospitals to give medical treatment to patients. He referenced the federal law known as 'The Emergency Treatment Act,' hospitals that receive funds from Medicare must provide treatment to someone arriving at an emergency room seeking medical treatment.

Attorney General Garland said, "in some treatments, that medical emergency is an abortion." He continued, "Idaho's law would make it a criminal offense for doctors to provide the medical emergency treatment that federal law requires. Although the Idaho law provides an exception to prevent the death of a pregnant woman, it includes no exception for cases where the abortion is necessary. to prevent serious jeopardy to the women's health."

The attorney general explained that doctors could be prosecuted for performing an abortion to save a woman's life. The government is seeing a declaratory judgment that Idaho's law is preempted by federal law. The government is also seeking an injunction against healthcare providers.

Why Idaho?

Attorney General Garland explained why he chose Idaho as the first state to challenge their pro-life law. "We have in front of us a statue that seems to us on its face directly conflicts with EMTALA  that is about to take effect. It will threaten the health of women that come to the emergency room in a dire medical situation."

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