Washington, August 2, 2022: A lawsuit has been filed by the United States Justice Department. The complaint is based on the Idaho law, which is to take effect on August 25. It states that Sections 18-622 of the Idaho Code is a violation of the terms of the Emergency Medical Treatment and Labor Act, 1986(EMTALA).
The suit was filed to obtain a directory judgment against Sections 18-622, which declare that “Every person that performs or attempts to perform an abortion” is committing the “crime of criminal abortion.”
Breaking News: The Justice Department sued Idaho over a law the agency said would inhibit ER doctors from performing abortions that are necessary to stabilize the health of a patient. https://t.co/yz1A6FzmEq
— The New York Times (@nytimes) August 2, 2022
The Emergency Medical Treatment and Labor Act, passed by Congress in 1986, guarantees access to medical facilities to the public at large regardless of their health insurance status or ability to pay for the services.
The lawsuit aims to take away the state’s ability to strip doctors of their licenses if and when they perform abortions in an emergency.
The Department of Health and Human Services Secretary has said that women should have access to emergency health care, not just limited to near-death conditions. These departments are working in unison to enforce federal law, which gives clear access to health care services to the public.
The Justice Department sued Idaho, saying the state's new law criminalizes doctors who provide medically necessary treatment protected under federal law.
— The Associated Press (@AP) August 2, 2022
It's the department's first major challenge to a state trigger law since Roe v. Wade was overturned. https://t.co/OsNzajHQ9S
The Idaho Republican governor has accused the Department of Justice of interfering in state matters. The majority of the states are to support anti-abortion strategies modeled after the legislation passed in Texas.
This comes after the Supreme Court verdict on June 24 overturning Roe v. Wade which gave women the constitutional right to seek abortion as an extension of their Right to Privacy. The Justice Department has set up a task force(Reproductive Rights Task Force) to look into further infringement of federal protections of reproductive rights enjoyed by the public.
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