Justice Department sues Idaho over abortion law in first legal challenge since Roe's reversal
CBSN
Washington — The Justice Department has filed a lawsuit challenging an Idaho law that outlaws nearly all abortions in the state, Attorney General Merrick Garland announced Tuesday, marking the first court fight mounted by the Biden administration after the Supreme Court eliminated the constitutional right to an abortion in June.
In a press conference announcing the new lawsuit, Garland said Idaho's law, which was enacted in 2020 and takes effect Aug. 25, violates the Constitution and is preempted by federal law, as it is in conflict with the Emergency Medical Treatment and Labor Act (EMTALA).
The Justice Department is asking a federal district court in Idaho to invalidate the so-called trigger law and block the state from enforcing it against medical providers. Idaho's attorney general's office did not immediately return a request for comment.
