Idaho Abortion Ban, Violating Federal Law, Idaho 2023

A federal judge has blocked the enforcement of Idaho's ban on abortion as it applies to medical care required by the Emergency Medical Treatment and Labor Act (EMTALA).

At the center of the controversy is Idaho Code § 18-622, a law that prohibits abortion even when it is the medically necessary treatment to stabilize a patient's emergency medical condition. The law is set to go into effect on Thursday, August 25.

However, the Justice Department has filed a lawsuit challenging the law on the grounds that it is preempted by EMTALA. The lawsuit was filed on August 2, and the court's decision to block the enforcement of the law came on the same day the law was set to take effect.

In a statement, Attorney General Merrick B. Garland said, 'Today's decision by the District Court for the District of Idaho ensures that women in the State of Idaho can obtain the emergency medical treatment to which they are entitled under federal law. This includes abortion when that is the necessary treatment.'

The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court's decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Vanita Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law.

The Justice Department has also expressed its disagreement with a recent decision by the District Court for the Northern District of Texas, which preliminarily enjoined the Centers for Medicare & Medicaid Services' July 11, 2022 guidance on EMTALA and Secretary Becerra's accompanying letter as applied to the plaintiffs in that litigation.

Defendant/Respondent: Idaho, Violating Federal Law, Idaho 2023

Exact Criminal Charges: Violating the Supremacy Clause of the U.S. Constitution and preempting EMTALA

City and State: Idaho

Exact Date with Month/Day/Year: August 2, 2023

Sentence or Outcome: Preliminary injunction blocking the enforcement of Idaho's ban on abortion as applied to medical care required by EMTALA

Dollar Amounts: $0

Source: https://www.justice.gov/archives/opa/pr/statement-attorney-general-merrick-b-garland-regarding-reproductive-rights