Biden Administration Sues Idaho Over 6-Week Abortion Ban

The Department of Justice sued the state of Idaho on Tuesday over its six-week abortion ban ― the first litigation filed by the Biden administration to protect reproductive rights since the Supreme Court overturned Roe v. Wade in June.

The lawsuit, filed Tuesday morning in the U.S. District Court for the District of Idaho, states that Idaho’s six-week abortion ban is in direct violation of federal law because the restriction does not comply with the 1986 Emergency Medical Treatment and Labor Act. The EMTALA statute requires that all patients receive appropriate medical care and stabilizing treatment in an emergency situation ― including patients who need abortion care when the life or health of the pregnant person is at risk.

“The Idaho law would make it a criminal offense for doctors to comply with EMTALA’s requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering…

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