September 24, 2022

WASHINGTON — The Biden administration on Tuesday sued Idaho on a tough state abortion law set to go into effect this month that the Justice Department said would prevent emergency room doctors from performing abortions necessary to stabilize the health of women who have medical emergencies incidents.

The lawsuit, announced by Attorney General Merrick B. Garland, is the first the Biden administration has filed to protect access to abortion since the Supreme Court’s decision in late June ended the constitutional right to end a pregnancy.

Since then, Mr. Garland noted, “there have been widespread reports of delays and denial of treatment to pregnant women experiencing emergency situations.” The lawsuit argues that a federal law, the Emergency Medical Care and Jobs Act, prohibits states from imposing restrictions that would prevent emergency room doctors from treating these women.

“If a patient comes to the emergency room with a medical emergency that threatens the patient’s life or health, the hospital must provide the necessary treatment to stabilize that patient,” Mr. Garland said. “This includes abortion when that is the necessary treatment.”

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