Article Author:
Associated Press
Rebecca Boone
Boise, Idaho (AP) — A further 16 states have filed a lawsuit against the state of Idaho over strict abortion bans by the U.S. Department of Justice. I am asking you to contribute.
Earlier this month, the Justice Department sued the Republican-led state of Idaho, arguing that an abortion ban set to take effect on August 25 would allow Medicaid-funded hospitals to provide “stabilizing care” to patients. said it violated a federal law requiring it to do so. I am experiencing a medical emergency. In July, President Joe Biden's administration said the Emergency Medical and Labor Act (EMTALA) requires hospitals to provide abortion services when a pregnant person's life is in danger.
In court documents filed Friday, the states of Indiana, Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming see federal guidelines as “EMTALA grant terms” and preempt state law I said no authority.
Using Supreme Court clauses to enforce the terms of federal aid is "fundamentally not a starter," states said in court documents.
The state also argues that Idaho's abortion law does not directly conflict with federal law. Hospitals can comply with both simply by refusing federal funding.
Idaho's abortion ban makes abortion a felony, but doctors can defend themselves in court by proving that an abortion was necessary to save a patient's life. I can.
State governments across the United States are watching the incident closely. Earlier this week, 20 states and Washington, D.C., filed a buddy of the court brief that sided with the federal government and claimed their own residents would be at risk if they were pregnant and had an emergency in Idaho. . Neighboring states such as Oregon and Washington also see the “ripple effect” that an abortion ban would create, as Idaho patients with ectopic pregnancies and other emergencies will be forced to seek out-of-state care. said he was concerned.
A coalition of major medical societies, including the American College of Emergency Physicians, the American College of Obstetricians and Gynecologists, and others, also said the Idaho law was too vague and difficult to interpret medically, criticizing the case. Submitted an overview. Healthcare providers must choose between violating state law and being charged with a crime, or violating federal law and facing fines and loss of federal funds.
Health authorities also say the law puts pregnant women at serious risk by limiting or delaying the types of care they can receive in emergencies.
US District Court Judge B. Lynn Winmill is scheduled to hear a debate on whether the law should be temporarily suspended while the case proceeds in court Monday morning.
In any event, most abortions are currently illegal in Idaho. A law criminalizing the performance or assistance of an abortion after about six weeks' gestation officially came into force on Friday. I'm here. But only if the pregnant person provides a copy of the law enforcement report to the doctor. This typically takes weeks to months to obtain in Idaho.
A total abortion ban will replace the existing ban if it is allowed to come into force on Thursday.
Still, on August 12, the Idaho Supreme Court ruled that another law could come into force allowing potential relatives of an embryo or fetus to sue abortion providers for at least $20,000. Since then, abortion has been effectively banned in the state. Under the law, rapists are prohibited from suing, but family members of rapists are allowed to do so.
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