The U.S. Department of Justice has launched a lawsuit again the state of Idaho over its attempt to implement a near total ban of abortion care in the state.
The move comes after the Biden administration clarified that abortions are still accessible as emergency care in all states, as per federal law. The Supreme Court’s June decision to overturn Roe v. Wade has enabled states to implement their own abortion laws, including restrictions and attempted bans, even in cases where the mother might be at risk. That’s what Idaho tried to put into effect through Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion, according to the DOJ.
The Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s law “in situations where an abortion is necessary stabilizing treatment for an emergency medical condition,” according to the DOJ’s complaint, which is seeking to permanently enjoin the Idaho law when it conflicts with EMTALA. When a physician identifies abortion as emergency care, states cannot override that action, according to the DOJ.
Idaho’s law aims to indict, arrest and prosecute a physician merely by showing that an abortion has been performed, regardless of the situation or circumstances.
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live. Women should not have to be near death to get care,” Department of Health and Human Services Secretary Xavier Becerra said in a statement. “The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to healthcare, including abortions.”
The challenge comes after HHS issued guidance on its role in ensuring patients have access to critical reproductive care under President Joe Biden’s executive order issued after the Supreme Court’s decision. The DOJ established a Reproductive Rights Task Force in July tasked with identifying ways to protect reproductive healthcare.
[HHS issues privacy protection guidance after SCOTUS Roe decision]
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
Idaho Governor Brad Little pushed back on the DOJ’s lawsuit in a statement.
“Our nation’s highest court returned the issue of abortion to the states to regulate – end of story,” he said.
Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."