DOJ sues Idaho over pro-life law

The U.S. Department of Justice filed a lawsuit in U.S. District Court on Tuesday against Idaho’s law that protects babies in every case except to save the life of the mother or in the case of rape or incest. The new law, which is scheduled to go into effect Aug. 25, makes performing an abortion without proof that it was one of these cases punishable by two to five years in prison. This is the first major action by the DOJ challenging a state law protecting babies since the Supreme Court overturned Roe v. Wade.

What’s the DOJ’s argument? The DOJ said the Idaho law conflicts with the federal 1986 Emergency Medical Treatment and Labor Act that requires medical facilities that accept Medicare to stabilize and treat any patient. That treatment includes providing abortions, the department argues. Planned Parenthood also sued Idaho over the law saying that it’s vague, and the state Supreme Court is expected to hear opening arguments in that case Wednesday. 

Dig deeper: Read Brad Littlejohn’s column in WORLD Opinions on whether overturning Roe v. Wade was a constitutional act.