Well, that didn’t take long.
Joe Biden’s partisan ‘Justice’ Department has filed its first lawsuit against a pro-life law in the regime’s ongoing war on babies.
According to The Daily Wire, the DOJ filed suit against the state of Idaho on Tuesday over a nearly universal ban on abortions, marking the first suit of its kind since the U.S. Supreme Court thankfully overturned the “egregiously” wrong Roe v. Wade decision legalizing the procedure in all states in 1973.
The DOJ’s partisan-in-chief, Attorney General Merrick Garland, announced the suit Tuesday afternoon at a press conference, claiming that the Idaho statute unlawfully restricts abortion access in at least some cases where a mother’s life may be at risk.
“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,” Garland said, as reported by The Wall Street Journal. “This includes abortion when that is the necessary treatment.”
The Daily Wire adds:
Idaho’s law is set to take effect later this month, banning all abortions except where the life of the mother is in danger, rape, and incest. Though the state law has an exception for abortion if the life of the mother is in danger, the Justice Department’s lawsuit says the exception is too narrow and runs the risk of forcing doctors to violate federal law.
“The State of Idaho, however, has passed a near-absolute ban on abortion. Once the Idaho law takes effect on August 25, 2022, Idaho Code § 18-622 will make it a felony to perform an abortion in all but extremely narrow circumstances,” the DOJ says in its lawsuit.
“The Idaho law would make it a criminal offense for doctors to comply with [Emergency Medical Treatment and Labor Act] requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death,” the suit claims.
GOP Gov. Brad Little ripped the DOJ, calling the suit nothing more than “federal meddling” in his state’s newly acquired authority to regulate the procedure from the June Supreme Court ruling.
Meanwhile, Little said, Biden “continues to ignore issues that really should demand his attention – like crushing inflation and the open border with Mexico.”
Idaho’s Republican attorney general, Lawrence Wasden, added in a statement of his own that the DOJ is misinterpreting existing federal law to pick a legal fight with his state over abortion where no conflict currently exists.
“Contrary to the carefully edited assertion in paragraph 25 of the Department’s complaint that Idaho’s laws are preempted, EMTALA actually states: ‘The provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section,’” Wasden said.
“Instead of complying with the requirements of this provision and reconciling Idaho’s law with EMTALA, or even attempting to engage Idaho in a meaningful dialogue on the issue, the federal government has chosen to waste taxpayer dollars on an unnecessary lawsuit,” he added.
In overturning Roe, the justices ruled in Dobbs v. Jackson Women’s Health Organization that Mississippi, along with all other states, had a constitutional right to regulate abortions.