Justice Department Files Lawsuit Challenging Idaho Abortion Law

The Justice Department on Tuesday filed a lawsuit challenging Idaho’s near total ban on abortion, setting up the Biden administration’s first legal battle over abortion access since the Supreme Court in June overturned Roe v. Wade and eliminated the constitutional right to end a pregnancy.

The lawsuit says Idaho’s abortion restrictions unlawfully conflict with a federal law that requires hospitals accepting Medicare to provide emergency treatments, which can sometimes include abortion.

“If a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, hospitals must provide the treatment necessary to stabilize that patient,” Attorney General Merrick Garland said. “This includes abortion when that is the necessary treatment.”

Idaho has a ban set to take effect later this month. The law has exceptions allowing doctors to perform abortions to save the life of a pregnant woman or in cases of rape or incest that have been reported to law enforcement. It explicitly excludes cases in which a physician believes that a woman will harm herself if the abortion isn’t performed.