Justice Department Sues Idaho to Protect Reproductive Rights

Tuesday, August 2, 2022

The Justice Department filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on August 25th and imposes a near-total ban on abortion. The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.

Attorney General Merrick B. Garland speaks at a podium bearing the Department of Justice seal. To the left is Associate Attorney General Vanita Gupta, who stands in front of the American flag. To the right stands the Principal Deputy Assistant Attorney for the Civil Division Brian Boynton.
Attorney General Merrick B. Garland speaks at the Department of Justice podium. Behind him is the American Flag.
Associate Attorney General Vanita Gupta speaks at a podium bearing the Department of Justice seal. To the left is Attorney General Merrick B. Garland, who stands in front of the American flag. To the right stands the Principal Deputy Assistant Attorney for the Civil Division Brian Boynton.
Associate Attorney General Vanita Gupta speaks at the Department of Justice podium. Behind her is Attorney General Merrick B. Garland and the American flag.
Related: 

Associate Attorney General Vanita Gupta Delivers Remarks to Announce Action to Protect Reproductive Rights
Attorney General Merrick B. Garland Delivers Remarks to Announce Action to Protect Reproductive Rights
Attorney General Merrick Garland Delivers Remarks for the Reproductive Rights Taskforce

Updated August 31, 2022