Posted on 08/04/2022 8:50:26 AM PDT by viewfromthefrontier
The Justice Department on Tuesday filed a lawsuit that challenges Idaho’s restrictive abortion law, arguing that it conflicts with a federal law requiring doctors to provide pregnant women medically necessary treatment that could include abortion.
The announcement is the first major action by the Justice Department challenging a state trigger law since the Supreme Court overturned Roe v. Wade in June. The court’s decision has led some states to enact restrictive abortion laws and is likely to lead to abortion bans in roughly half the states in the U.S.
The Justice Department brought the suit because federal prosecutors believe Idaho’s law would force doctors to violate the Emergency Medical Treatment and Labor Act, a federal law that requires health care providers to treat and stabilize anyone coming to a medical facility for emergencies, Garland said.
“Idaho’s law would make it a criminal offense for doctors to provide the emergency medical treatment that federal law requires,” Garland said.
The Idaho Attorney General’s office said it received a letter just before 3 p.m. on Friday, July 29 from the Department of Justice. The letter gave notice of the pending suit asked Idaho to respond with any relevant facts or issues no later than Aug. 1.
In the suit, the United States said it did not receive a substantive response. The attorney general’s office said it did not respond, because of the short timeline.
In a statement, Little said President Joe Biden was overreaching while ignoring issues like inflation and the Mexico border.
“Our nation’s highest court returned the issue of abortion to the states to regulate – end of story,” Little said.
(Excerpt) Read more at idahopress.com ...
I'm sure they're thinking, if they can stop it in Idaho, they can stop it anywhere.
Praying our state judicial branch has the balls to stand up to this.
Lies.
“received a letter just before 3 p.m. on Friday, July 29 from the Department of Justice. The letter gave notice of the pending suit asked Idaho to respond with any relevant facts or issues no later than Aug. 1.” -— If those dates are correct, this is insane.
May the Injustice Department be done by as they do to.
Federal law doesn’t trump state law.
The law says that abortion can be performed LEGALLY
“To save the life of the woman” or if they can “Document reporting rape to a legitimate agency”.
They are basically suing because the Physician has to document, and is subject to arrest for performing an abortion, outside of the law.
The issue is the arrest of the Physician is possible and they have to prove they did the right thing (performed to save a life). That’s guilty to proven innocent, not so good.
One suspects that this minor inconvenience will help some folks to decide to take precautions rather than to let abortion be their birth control.
And thus, the number of abortions decreases in our fair state.
This should be immediately tossed out, as the SC determined it is a state issue
Absolutely no standing to sue, and any court any legitimacy would immediately rule as such.
Flagrant violation of SCOTUS, surely.
“...treatment that could include abortion. “
~~~
More proof that the DOJ has been politicized.
They dont even wait to see if anyone in Idaho has their life endangered by the law, they sue the law itself.
Idaho should ignore the DOJ and chase their goons from the state. Make these baby murdering pieces of schiff know they are not ‘welcome’ in Idaho.
The states need to just stop reacting and return fire by suing the the DOJ.
Not true. An arrest does not signal guilt or innocence, just a reasonable suspicion that a crime has been committed. Guilt/Innocence is determined at trial. There is nothing inherently about an arrest that violates the principle that you are innocent until proven guilty.
Planned Parenthood has already filed I think three suits against the state, trying to stop the trigger law from taking effect on the 25th. The state just announced they are hiring more defense attorneys to deal with all this. This nonsense is going to cost the state a fortune.
Simple response: “State’s rights GTFO”.
Yep. But what else does Biden know? The truth is unknown to him.
Really, so if you save a woman’s life your subject to immediate arrest. You can prove yourself innocent later....
For a Physician that is a no win situation. They should do what is required medically, and if the state believes that they violated the laws, then arrest them. That’s not how it’s written, they get arrested and have to demonstrate that they did the right thing. Look at the fillings, that is the ‘guts’ of the legal complaint.
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