Biden administration sues Idaho over abortion ban

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The Department of Justice (DOJ) is suing the state of Idaho, arguing that its strict abortion laws are in violation of federal law, marking the Biden administration’s first lawsuit to protect access to abortion following the Supreme Court’s decision to overturn abortion landmark ruling Roe v. Wade in June.

Attorney General Merrick Garland argued Tuesday that Idaho’s abortion laws violate the Emergency Medical Treatment and Labor Act (EMTALA) which requires medical providers to offer emergency medical treatment, NBC News reports.

The complaint reads that the Emergency Medical Treatment and Labor Act requires all hospitals that receive Medicare funds to provide “necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency.”

Garland argued that abortion can fall under necessary medical treatment.

“This may be the case, for example, when a woman is undergoing a miscarriage that threatens septic infection or hemorrhage, or is suffering from severe preeclampsia,” Garland said.

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