Author Topic: Justice Department Files First Lawsuit Against Abortion Ban After Roe v. Wade Overturned  (Read 1049 times)

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Offline Elderberry

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CNET by Corinne Reichert 8/2/2022

Idaho's near-total ban on abortion is scheduled to go into effect later this month.

The Department of Justice filed a lawsuit in Idaho on Tuesday in an attempt to protect the rights of pregnant people to access emergency medical care. The DOJ complaint alleges that Idaho's incoming near-total abortion ban, which will go into effect on Aug. 25, conflicts with federal law under the Emergency Medical Treatment and Labor Act.

Under EMTALA, hospitals that receive federal funding from Medicare are required to provide necessary stabilizing treatments to patients in medical emergencies. The DOJ cited incidents in which an abortion is necessary for stabilizing an emergency medical situation.

Under Idaho Code section 18-622, abortions may be allowed to prevent the death of a pregnant patient, or in the case of rape or incest, but not to protect the health of that patient. Doctors who perform an abortion could be imprisoned for between two and five years.

More: https://www.cnet.com/health/medical/justice-department-files-first-lawsuit-against-abortion-ban-after-roe-v-wade-overturned/



Offline jafo2010

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Can't imagine more than 1 or 2 women on Medicare concerned about pregnancy or babies in the course of a year.  And to get pregnant, they would have had to take hormones to stimulate their body to release eggs for fertilization.

Offline verga

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How does the DOJ have standing on this?
In a time of universal deceit - telling the truth is a revolutionary act.
�More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly.�-Woody Allen
If God invented marathons to keep people from doing anything more stupid, the triathlon must have taken him completely by surprise.

Offline Kamaji

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How does the DOJ have standing on this?

The DOJ can sue for apparent violations of federal law, which is what this suit claims is happening.

Offline Bigun

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The DOJ can sue for apparent violations of federal law, which is what this suit claims is happening.

It seems to me that SCOTUS recently spoke on whether or not the federal government has any authority in the matter.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Kamaji

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It seems to me that SCOTUS recently spoke on whether or not the federal government has any authority in the matter.

It did not categorically say that the federal government, in pursuit of its acknowledged grant of power, could not continue to enforce federal law.

Yeesh.  People need to read the opinions carefully, and not the opinion they wish had been written instead.

Offline verga

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It did not categorically say that the federal government, in pursuit of its acknowledged grant of power, could not continue to enforce federal law.

Yeesh.  People need to read the opinions carefully, and not the opinion they wish had been written instead.
Tell me what I am missing:
On June 24, 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health
Organization, which overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v.
Casey and held that there is no constitutional right to abortion. (For more detail on the Dobbs decision
and its impact, see this CRS Legal Sidebar.) The Dobbs majority emphasized that its ruling would “return
the issue of abortion to the people’s elected representatives,” and that those elected officials—not the
courts—would “decid[e] how abortion should be regulated.” Although existing federal laws prohibit
certain abortion procedures and protect individuals obtaining reproductive health services from
intimidation, most abortion-related matters are regulated at the state level.
After Dobbs, such state
abortion regulations will generally be sustained by federal courts so long as they have a rational basis.
(For more information on current state abortion restrictions, see this CRS Legal Sidebar.)

Seems pretty clear that this is not a Federal issue, but stictly a sate one.
« Last Edit: August 05, 2022, 04:41:20 pm by verga »
In a time of universal deceit - telling the truth is a revolutionary act.
�More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly.�-Woody Allen
If God invented marathons to keep people from doing anything more stupid, the triathlon must have taken him completely by surprise.

Offline Bigun

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Tell me what I am missing:
On June 24, 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health
Organization, which overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v.
Casey and held that there is no constitutional right to abortion. (For more detail on the Dobbs decision
and its impact, see this CRS Legal Sidebar.) The Dobbs majority emphasized that its ruling would “return
the issue of abortion to the people’s elected representatives,” and that those elected officials—not the
courts—would “decid[e] how abortion should be regulated.” Although existing federal laws prohibit
certain abortion procedures and protect individuals obtaining reproductive health services from
intimidation, most abortion-related matters are regulated at the state level.
After Dobbs, such state
abortion regulations will generally be sustained by federal courts so long as they have a rational basis.
(For more information on current state abortion restrictions, see this CRS Legal Sidebar.)

Seems pretty clear that this is not a Federal issue, but stictly a sate one.

 888high58888  :beer:
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Kamaji

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Tell me what I am missing:
On June 24, 2022, the U.S. Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health
Organization, which overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v.
Casey and held that there is no constitutional right to abortion. (For more detail on the Dobbs decision
and its impact, see this CRS Legal Sidebar.) The Dobbs majority emphasized that its ruling would “return
the issue of abortion to the people’s elected representatives,” and that those elected officials—not the
courts—would “decid[e] how abortion should be regulated.” Although existing federal laws prohibit
certain abortion procedures and protect individuals obtaining reproductive health services from
intimidation, most abortion-related matters are regulated at the state level.
After Dobbs, such state
abortion regulations will generally be sustained by federal courts so long as they have a rational basis.
(For more information on current state abortion restrictions, see this CRS Legal Sidebar.)

Seems pretty clear that this is not a Federal issue, but stictly a sate one.

The difference between holding and dicta.

The case only held that there was no federal constitutional right to an abortion.  And so it did.  And that is where things stand.  That does not mean that a federal statute, if enacted within the powers granted to Congress, can no longer have any say over whether abortion can, or cannot, be provided.

Whether the DOJ's claim in the case being provided is sound is another matter entirely.

Offline jmyrlefuller

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The difference between holding and dicta.

The case only held that there was no federal constitutional right to an abortion.  And so it did.  And that is where things stand.  That does not mean that a federal statute, if enacted within the powers granted to Congress, can no longer have any say over whether abortion can, or cannot, be provided.

Whether the DOJ's claim in the case being provided is sound is another matter entirely.
But has such a statute ever been enacted?
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Offline Elderberry

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Emergency Medical Treatment & Labor Act (EMTALA)

https://www.cms.gov/Regulations-and-Guidance/Legislation/EMTALA

Quote
In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay. Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.

Offline Kamaji

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But has such a statute ever been enacted?

That is what the DOJ is claiming.