Attorney General Merrick Garland
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The Justice Department is suing Idaho over its abortion ban set to go into effect later this month.
Attorney General Merrick Garland said the ban violates federal law.
“We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled,” Garland said.
The Department of Justice announced Tuesday that it is filing a lawsuit against Idaho for its near-total abortion ban, saying the ban violates federal law, marking the first lawsuit the DOJ has filed since the Supreme Court overturned Roe v. Wade in June.
In a press conference, Attorney General Merrick Garland announced the new suit and said the abortion ban — set to go into effect later this month — violates federal law that requires medical providers to give emergency medical treatment when necessary.
The ban would make it illegal for pregnant people who need abortions in emergency situations to receive the potentially lifesaving procedure.
Garland said that when a hospital determines that an abortion is appropriate medical care to save the life of a pregnant person, federal law requires the procedure to be performed.
“If a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, the hospital must provide the treatment necessary to stabilize that patient. This includes abortion,” Garland said.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” Garland continued. “We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law.”
Garland said the DOJ will continue to scrutinize state laws to ensure they comply with federal law.
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” Associate Attorney General Vanita Gupta added in a press release. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action.”