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DOJ sues Idaho over abortion ban

Posted at 11:41 AM, Aug 02, 2022

The Department of Justice is suing Idaho over its near-total abortion ban, which went into effect after the U.S. Supreme Court overturned Roe v. Wade in June.

Attorney General Merrick Garland said Tuesday that federal law requires hospitals that receive Medicare funds must provide emergency care.

"In some circumstances, the medical treatment necessary to stabilize the patient's condition is abortion," he said.

The DOJ's complaint claims Idaho's law would make it a criminal offense for doctors to perform an abortion after deeming it medically necessary.

It's seeking an injunction to prevent Idaho from enforcing the law against health care providers when it goes into effect on Aug. 25.

The DOJ established the Reproductive Rights Task Force following the Supreme Court's June decision. It's tasked with evaluating what type of abortion rights litigation the department will seek.