>>> TODAY THE JUSTICE
DEPARTMENT FILED A SUIT AGAINST
THE STATE OF IDAHO.
THE SUIT SEEKS TO HOLD INVALID
THE STATE'S CRIMINAL
PROHIBITION ON PROVIDING
ABORTIONS AS APPLIED TO WOMEN
WHO ARE SUFFERING MEDICAL
EMERGENCIES.
UNDER A FEDERAL LAW KNOWN AS
THE EMERGENCY MEDICAL TREATMENT
AND LABOR ACT, EVERY HOSPITAL
THAT RECEIVES MEDICARE FUNDS
MUST PROVIDE NECESSARY,
STABILIZING TREATMENT TO A
PATIENT WHO ARRIVES IN AN
EMERGENCY ROOM, SUFFERING FROM
A MEDICAL CONDITION THAT COULD
PLACE THEIR LIFE OR HEALTH IN
SERIOUS JEOPARDY.
IN SOME CIRCUMSTANCES, THE
MEDICAL TREATMENT NECESSARY TO
STABILIZE THE PATIENT'S
CONDITION IS ABORTION.
THIS MAY BE THE CASE, FOR
EXAMPLE, WHEN A WOMAN IS
UNDERGOING A MISCARRIAGE THAT
THREATENS SEPTIC INFECTION OR
HEMORRHAGE, OR IS SUFFERING
FROM SEVERE PREECLAMPSIA.
WHEN HOSPITALS DETERMINED THAT
AN ABORTION IS THE MEDICAL
TREATMENT NECESSARY TO
STABILIZE THE PATIENT'S
EMERGENCY MEDICAL CONDITION, IT
IS REQUIRED BY FEDERAL LAW TO
PROVIDE THAT TREATMENT.
AS DETAILED IN OUR COMPLAINT,
IDAHO'S LAW WOULD MAKE IT A
CRIMINAL OFFENSE FOR DOCTORS TO
PROVIDE THE EMERGENCY MEDICAL
TREATMENT THAT FEDERAL LAW
REQUIRES.
ALTHOUGH THE IDAHO LAW PROVIDES
AN EXCEPTION TO PREVENT THE
DEATH OF A PREGNANT WOMAN, IT
INCLUDES NO EXCEPTION FOR CASES
IN WHICH THE ABORTION IS
NECESSARY TO PREVENT SERIOUS
JEOPARDY TO THE WOMAN'S HEALTH.
MOREOVER, IT WOULD SUBJECT
DOCTORS TO ARREST AND CRIMINAL
PROSECUTION EVEN IF THEY
PERFORMED AN ABORTION TO SAVE A
WOMAN'S LIFE, AND IT WOULD THEN
PLACE THE BURDEN ON THE DOCTORS
TO PROVE THAT THEY ARE NOT
CRIMINALLY LIABLE.
THE UNITED STATES THEREFORE
SEEKS A DECLARATORY JUDGMENT
THAT IDAHO'S LAW VIOLATES THE
SUPREMACY CLAUSE OF THE UNITED
STATES CONSTITUTION AND IS
PREEMPTED BY FEDERAL LAW TO THE
EXTENT THAT IT IS IN CONFLICT
WITH AND PAULA.
THE UNITED STATES ALSO SEEKS AN
INJUNCTION PROHIBITING IDAHO
FROM ENFORCING ITS LAW AGAINST HEALTHCARE PROVIDERS WHO
HEALTHCARE PROVIDERS WHO
PROVIDE THE EMERGENCY TREATMENT
REQUIRED BY MTA L. IN THE DAYS
SINCE THE DOBBS DECISION, THERE
HAVE BEEN WIDESPREAD REPORTS OF
DELAYS AND DENIALS OF TREATMENT
TO PREGNANT WOMEN EXPERIENCING
MEDICAL EMERGENCIES.
TODAY THE JUSTICE DEPARTMENT'S
MESSAGE IS CLEAR, IT DOES NOT
MATTER WHAT STATE OR HOSPITAL
SUBJECT TO MTA L.A.
OPERATES IN.
IF A PATIENT COMES INTO THE
EMERGENCY ROOM WITH A MEDICAL
EMERGENCY, JEOPARDIZING THE
PATIENT'S LIFE OR HEALTH, THE
HOSPITAL MUST PROVIDE THE
TREATMENT NECESSARY TO
STABILIZE THAT PATIENT.
THIS INCLUDES ABORTION, WHEN
THAT IS THE NECESSARY
TREATMENT.
ANY STATE LAW THAT PREVENTS A
HOSPITAL FROM FULFILLING ITS
OBLIGATION UNDER EMTALA
VIOLATES FEDERAL LAW.
ON THE DAY ROE AND CASEY WERE
OVERTURNED, WE PROMISED THAT
THE JUSTICE DEPARTMENT WOULD
WORK TIRELESSLY TO PROTECT AND
ADVANCE REPRODUCTIVE FREEDOM.
THAT IS WHAT WE ARE DOING, AND
THAT IS WHAT WE WILL CONTINUE
TO DO.
WE WILL USE EVERY TOOL IN OUR
DISPOSAL TO ENSURE THAT
PREGNANT WOMEN GET THE
EMERGENCY MEDICAL TREATMENT TO
WHICH THEY ARE ENTITLED UNDER