Biden Justice Department sues Idaho over state’s abortion restrictions in first post-Dobbs lawsuit

Updated:  11:58am (MDT) – August 2, 2022

(CNN) – The Biden administration filed a lawsuit on Tuesday against Idaho for restricting access to abortion to patients who need lifesaving medical treatment, the first such Justice Department challenge since the Supreme Court overturned Roe v. Wade this summer.

Idaho’s near-total abortion ban, which will take effect later this month, would make it illegal for patients who need an abortion in emergency medical situations, such as an ectopic pregnancy or other complications, from receiving potentially lifesaving treatment.

“In the days since the Dobbs decision, there have been widespread reports of delays or denials to pregnant women experiencing medical emergencies,” Attorney General Merrick Garland said in a news conference Tuesday. “We will use every tool at our disposal to ensure that pregnant women get the medical care that they are entitled to.”

The trigger law, which was passed in 2020, would make providing abortions a felony punishable by up to five years in prison. Abortion providers in Idaho have also challenged the state’s trigger law. The state Supreme Court is set to hear the case on Wednesday.

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