The Justice Department is suing Idaho over its abortion ban, marking the Biden administration’s first legal battle over the procedure since the Supreme Court overturned Roe v. Wade. Idaho’s ban makes performing an abortion punishable by up to five years in prison and only includes exceptions to save the pregnant person, or in cases of rape or incest that have been reported to law enforcement. Tuesday’s suit claims that it violates the Emergency Medical Treatment and Labor Act, which stipulates that hospitals must provide emergency treatment. The lawsuit claims Idaho’s law puts medical professionals in a hopeless situation, as it doesn’t allow them to comply with EMTALA. “They must either withhold stabilizing treatment…or risk felony prosecution and license revocation,” Associate Attorney General Vanita Gupta said. At a news conference, Attorney General Merrick Garland said that many pregnant people have reported delays in, or denials of, emergency medical treatment.
