October 4, 2022


“If a patient comes to the emergency room with a medical emergency that threatens the patient’s life or health, hospitals must provide the necessary treatment to stabilize that patient,” said Attorney General Merrick Garland.


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Drew Angerer/Getty Images

The Justice Department filed a lawsuit Tuesday challenging Idaho’s near-total abortion ban, setting up the Biden administration’s first legal battle over abortion access since the Supreme Court in June struck down the constitutional right to end a pregnancy.

The Justice Department says Idaho’s abortion restrictions conflict with a federal law that requires hospitals that accept Medicare to provide emergency treatments, which can sometimes include abortion.

“If a patient comes to the emergency room with a medical emergency that threatens the patient’s life or health, hospitals must provide the necessary treatment to stabilize that patient,” said Attorney General Merrick Garland. “That includes abortion, and that is the necessary treatment.”

More to come…

Write to Sadie Gurman at sadie.gurman@wsj.com

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