On Tuesday, the Biden Justice Department announced that it will sue the state of Idaho over its new statute prohibiting the majority of abortions.
The litigation is expected to be the first in a series of moves taken by the DOJ to restrict the impact of the June ruling by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, which reversed the 1973 case Roe v. Wade.
In Roe, the Supreme Court established the national right to an abortion.
Except in cases of rape or incest reported to law enforcement or when a physician judges decide that “in his good-faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman.”
Attorney General Merrick Garland said at a news conference on Tuesday that the federal Emergency Medical Treatment and Labor Act trumps the new Idaho legislation, which goes into effect on August 25.
Garland stated, “When a hospital determines that an abortion is the medical treatment necessary to stabilize a patient’s emergency medical condition, it is required by federal law to provide that treatment.”
“Although the Idaho law provides an exception to prevent the death of a pregnant woman, it includes no exception for cases in which the abortion is necessary to prevent serious jeopardy to the woman’s health,” he noted.
Further, Garland claimed that the Idaho bill would subject doctors to arrest and criminal punishment “even it they performed an abortion to save a woman’s life.”
Well, the law specifies that saving a mother’s life is an exemption to the abortion ban.
The law also allows doctors a considerable amount of discretion in determining if an abortion is necessary to preserve the mother’s life.
Therefore, Garland is engaging in grandstanding by attempting to play the role of the alleged voice of reason.
In reaction, LifeNews.com tweeted, “Joe Biden is suing to block Idaho’s abortion ban, falsely claiming it prevents treatment in medical emergencies. Every single abortion ban nationwide allows treatment for miscarriages, ectopic pregnancies and to protect the mother’s life.”
BREAKING: Joe Biden is suing to block Idaho's abortion ban, falsely claiming it prevents treatment in medical emergencies. Every single abortion ban nationwide allows treatment for miscarriages, ectopic pregnancies and to protect the mother's life.
— LifeNews.com (@LifeNewsHQ) August 2, 2022
More on this story via The Western Journal:
Garland signaled the DOJ will be filing other suits aimed at trying to undermine state pro-life laws.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” Garland said in a Tuesday news release. CONTINUE READING…