The U.S. Justice Department has filed suit against the state of Idaho in an effort to challenge the legality of the state’s abortion laws. This is the first such lawsuit since the Supreme Court overturned Roe v. Wade and sent power back to the states where it belongs.
Attorney General Merrick Garland made the announcement at a press conference Tuesday, and the Biden regime’s litigious wingman made dubious claims that Idaho’s law does not allow for exceptions in cases where the mother’s life is at risk.
Idaho’s law will go into effect on August 25, but Garland claims the law violates the Emergency Medical Treatment and Labor Act (EMTALA) – except that by all appearances, it doesn’t. In fact, the law outlines exceptions for rape, incest and other conditions where the life of the mother is in peril.
(Video: NBC News)
Nevertheless, Garland claims the law is “too narrow” and thus, the federal government’s power eclipses Idaho’s authority.
“In the days since the Dobbs decision, there have been widespread reports of delays and denials of treatment to pregnant women experiencing medical emergencies. Today, the Justice Department’s message is clear: It does not matter what state a hospital subject to EMTALA operates in,” he said.
“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. “This includes abortion when that is the necessary treatment.”
REPORTER: “What’s the point of the Supreme Court if DOJ is going to go around and do these kinds of things? Will there be other states like this?”
AG GARLAND: “This is not in any way going around the Supreme Court.” pic.twitter.com/06jHcSTLBR
— Townhall.com (@townhallcom) August 2, 2022
The lawsuit claims, “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 suit continues, “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.”
Idaho’s Republican Governor Brad Little said the overreaching Biden regime is out of line and should focus its attention on matters of inflation and the border crisis.
— Brad Little (@GovernorLittle) August 2, 2022
He was joined by Idaho Attorney General Lawrence Wasden, who said in a statement, “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 added, “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.”
Associate Attorney General Vanita Gupta, whose sole job it appears is to spearhead the DOJ’s response to any SCOTUS ruling they don’t like, said the Idaho law would “presumptively criminalizes all abortions.”
He also complained the law places the onus on abortion doctors to justify why an abortion procedure is necessary, which many would say is exactly where the burden should rest.
Garland’s claims were summarily dismantled by the average Joe on Twitter.
The Idaho law does not prohibit emergency medical services to ensure the safety and health of the pregnant women. The example he gives would not be illegal.
— Covidcult & Gay is the new liberal mental disease (@maddgrandma) August 2, 2022
This is a complete lie. A miscarriage is not an abortion nor has it ever been an abortion. The baby has to be alive in order for it to be an abortion. In a miscarriage the baby is dead, you cannot abort a dead baby.
— Laurie Burnell (@burnelll) August 2, 2022
Supremacy clause only applies when the law in question is explicitly an enumerated power. Since the federal government has taken on SO much beyond its scope, to assume federal supremacy is naive and silly.
— Lurch (@Lurch682) August 2, 2022
This is complete political BS and corruption. There is no such law in Idaho.
— Laurie Burnell (@burnelll) August 2, 2022
Apparently, they didn’t get the memo that it isn’t the federal governments issue anymore.
— Kenny Thurman (@Salty_Dog7) August 2, 2022
thank God this little gremlin never got on SCOTUS
— FRFRnoCap (@frfrnocapbet) August 2, 2022
Merrick Garland is that guy at work who never does any of the real work, but always finds some dumb shit to do to make it look like he’s busy, and then complains about how overworked he is.
— Little Larry (@LarryGriff13) August 2, 2022
Get the latest BPR news delivered free to your inbox daily. SIGN UP HERE
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
Frank (Chip) Webster is a musician and composer, former teacher of percussion and U.S. Army Infantry veteran. He holds a degree in English from Arizona State University.
- Ukraine lawmaker pleased with Dem performance, says early results from midterms ‘very good’ for us - November 9, 2022
- Casey Anthony sits for first TV interview since being acquitted for murdering her 2-yr-old daughter - November 9, 2022
- Part-time Uber driver in FL rides anti-gun platform to become first Gen Z ‘progressive’ in Congress - November 9, 2022
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.
