The Biden administration on Tuesday sued Idaho over its law banning abortions in most circumstances, arguing the state’s move conflicts with federal law.
The Justice Department claims the Emergency Medical Treatment and Labor Act requires hospitals receiving federal Medicare funding to perform emergency services, which can include abortion.
Specifically, the government argues a woman could use emergency care for an abortion if she has preeclampsia, an ectopic pregnancy or an infection.
“The Idaho law would make it a criminal offense for doctors to comply with EMTALA’s requirement to provide stabilizing treatment, even where a doctor determines that abortion is the medical treatment necessary to prevent a patient from suffering severe health risks or even death,” the lawsuit read.