JUST IN: The Justice Department sues Idaho over its abortion ban, the first lawsuit since Roe v. Wade was overturned.
The Justice Department has filed a lawsuit challenging an Idaho law that outlaws nearly all abortions in the state, Attorney General Merrick Garland announced Tuesday, marking the first court fight mounted by the Biden administration after the Supreme Court, Garland said Idaho's law, which was enacted in 2020 and takes effect Aug. 25, violates the Constitution and is preempted by federal law, as it is in conflict with the Emergency Medical Treatment and Labor Act .
Garland said that any state law that prevents a hospital from fulfilling obligations under EMTALA runs afoul of federal law, and the Idaho statute"seems on its face" to directly conflict with it. The prohibition"will threaten the health of women who come into the emergency room in a really dire medical situation," he added
"Idaho's law would make it a criminal offense for doctors to provide the emergency medical treatment that federal law requires," Garland said."Although the Idaho law provides an exception to prevent the death of a pregnant women, it includes no exception for cases in which the abortion is necessary to prevent serious jeopardy to the women's health."
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