Justice Dept. Targets Idaho’s Ban In First State Abortion Access Lawsuit
The Department of Justice is suing Idaho over its six-week abortion ban, arguing that the state measure violates federal law requiring doctors and hospitals to provide emergency medical services, including abortion. It's the first such action taken by the Biden administration since the Supreme Court overturned Roe v. Wade.
Justice Department Sues Idaho Over Abortion Ban
The Justice Department is suing Idaho over the state’s abortion ban, saying it violates a federal law requiring hospitals to provide stabilizing treatment to patients when necessary, including abortion. Idaho's six-week abortion ban, which takes effect Aug. 25, allows for abortions to prevent the death or "substantial and irreversible impairment" of the mother, and when the pregnancy is the result of rape or incest. (Hellmann, 8/2)
Justice Department Sues Idaho Over Abortion Ban In First Post-Roe Litigation
The suit seeks a declaratory judgment stating that Idaho's law violates the Constitution's Supremacy Clause and is preempted and conflicts with federal law. It also seeks a judgment that Idaho may not initiate a prosecution against or attempt to revoke the professional license of any medical provider who performs an abortion authorized under federal law. The department also called for a preliminary and permanent injunction against the state of Idaho to prohibit enforcement of its abortion ban when it conflicts with federal law. (Shabad and Dilanian, 8/2)
Abortion Court Battles Press On, Even In Deep Red States
It’s likely that virtually all abortions will be banned eventually in deeply conservative Idaho, along with most other Republican-dominated states, but there are still battles to play out in court and maybe the legislature before it happens. Wednesday, lawyers representing a physician and the regional Planned Parenthood affiliate will be before the Idaho Supreme Court asking the justices to block enforcement of three laws intended to restrict abortion. (Boone, 8/3)