President Joe Biden’s Justice Department is suing Idaho over its looming abortion ban, a sign of the administration’s commitment to defend infanticide after the repeal of the landmark Roe V. Wade decision in June.
It’s the first shot across the bow from attorney general Merrick Garland since the DOJ joined Biden in rejecting the Supreme Court’s decision in Dobbs V. Jackson Women’s Health Organization, which sent the abortion controversy back to the state legislatures.
Biden sues Idaho over abortion
The repeal of Roe left the Biden administration scrambling to find ways to compel states to continue permitting abortions in spite of their own laws.
The Biden administration got a little creative and “clarified” that a 1986 law that requires Medicare-funded hospitals to provide emergency care covers abortions. Under that law, Idaho’s “trigger” ban — which takes effect later in August — is illegal, according to Garland.
“The suit seeks to hold invalid the state’s criminal prohibition on providing abortions as applied to women who are suffering medical emergencies,” Garland said.
While the “near-absolute” abortion ban does include exceptions for life-saving care, the law does not allow abortions to prevent serious injury not resulting in death, Garland claimed, bringing it into conflict with the Emergency Medical Treatment and Active Labor Act (EMTALA).
The ban effectively criminalizes all abortions, without exception, by burdening doctors who perform them with proving at trial that an abortion was permitted under “extremely narrow” circumstances, Garland claimed.
Biden’s partisan DOJ
Garland’s aggressive defense of abortion is a striking contrast with his sluggish response to a rash of arson attacks on churches that began after the Supreme Court’s decision was leaked. Garland has also been reluctant to crack down on illegal pickets outside the homes of Supreme Court justices.
It’s not surprising that Garland is taking such a hard line on abortion. His boss, Joe Biden, has sought to paint a Republican clampdown on abortion as part of an “extreme” and “ultra-MAGA” agenda before the midterm elections.
Despite appearances, Garland claims that his lawsuit against Idaho is not, by any means, an attempt to circumvent what a co-equal branch of government has already decided.
“This is not, in any way, going around the Supreme Court, the Supreme Court said that each state can make its own decisions with respect to abortion. But so too can the federal government,” he said.
Does anyone still believe him?