Can the federal government prevent some state abortion bans from taking effect? Two new court rulings offer mixed opinions on this issue, following the Biden administration's claim that existing federal law prohibits state abortion bans that don't contain exceptions for women's health.
The Department of Justice (DOJ) sued to stop such a ban in Idaho, where a 2020 law set to take effect in August would outlaw abortion except in cases where a doctor had a copy of a police report of rape or could show by a "preponderance of the evidence" that "the abortion was necessary to prevent the death of the pregnant woman." The DOJ said Idaho's ban goes against provisions of the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals receiving Medicare funds (i.e., most U.S. hospitals) to provide stabilizing treatment.
