The Justice Department has filed a lawsuit that challenges Idaho’s restrictive abortion law, arguing that it conflicts with a federal law requiring doctors to provide pregnant women medically necessary treatment that could include abortion.
BOISE, Idaho — The Justice Department on Tuesday filed a lawsuit that challenges Idaho’s restrictive abortion law, arguing that it conflicts with a federal law requiring doctors to provide pregnant women medically necessary treatment that could include abortion.
“Idaho’s law would make it a criminal offense for doctors to provide the emergency medical treatment that federal law requires.”The Justice Department brought the suit because federal prosecutors believe Idaho’s law would force doctors to violate the Emergency Medical Treatment and Labor Act, a federal law that requires anyone coming to a medical facility for emergency treatment to be stabilized and treated, Garland said.
The law targeted by the Justice Department criminalizes all abortions, subjecting anyone who performs or attempts to perform an abortion to a felony punishable by between two and five years in prison. Advocates for sexual assault survivors have said the rape and incest exception is essentially useless, because Idaho’s public record law doesn’t allow law enforcement agencies to release reports when a case is still under investigation — a process that generally takes weeks or months.
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