WASHINGTON (AP) — The Justice Department is suing Idaho, arguing that its new abortion law violates federal law because it does not allow doctors to provide medically necessary treatment, Attorney General Merrick Garland said Tuesday. .
Garland said the federal government is bringing the lawsuit, which seeks to strike down “the state’s criminal prohibition on providing abortions as applied to women with medical emergencies.”
The announcement is the Justice Department’s first major action challenging a state trigger law since the Supreme Court struck down Roe v. Wade.
The lawsuit was filed because federal prosecutors believe the Idaho law would require doctors to violate the federal Emergency Treatment and Work Act, a federal law that requires anyone visiting a medical facility for emergency treatment is stabilized and treated.
“Idaho law would make it a criminal offense for physicians to provide emergency medical treatment required by federal law,” Garland said.
Idaho, like many Republican-run states, has several anti-abortion laws in effect, creating a legal quagmire now that the US Supreme Court has overturned the landmark abortion rights case Roe v . Wade.
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