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Biden’s Justice Department Sues Idaho Over Six-Week Abortion Ban

  • Biden administration lawsuit is first since Roe was overturned
  • Supreme Court eliminated constitutional abortion right in June
Updated on

The Justice Department filed a lawsuit against Idaho over the state’s law banning abortion after six weeks, saying that federal law requires doctors and hospitals to perform medically required abortions to preserve the pregnant person’s health.

The suit, filed in US District Court for the District of Idaho, is the Biden administration’s first legal action against states that have restricted access to abortion following the Supreme Court ruling eliminating the constitutional right to the procedure. The filing argues that the federal Emergency Medical Treatment and Labor Act -- which requires that doctors must perform medically stabilizing abortions in an emergency -- preempts the state law.