The U.S. Supreme Court isn’t taking the winter off — the high court is ready to up another pivotal case. Allegedly, the Biden administration wants to toss out state law, which critics say shouldn’t be allowed.
The Department of Justice is arguing that Idaho state law can’t interfere with federal law. The Idaho attorney general has petitioned the high court to make a ruling that this abortion law remains in effect as the lawsuit continues. Justice Elana Kagan will decide on whether the emergency petition leads to a full court review.
At issue is a lawsuit by the DOJ against an Idaho law banning all abortions. The DOJ has presented a new legal twist in an attempt to get around the historic Dobbs decision two years ago which overturned long-standing abortion law.
DOJ lawyers argue that Idaho’s law prevents doctors from treating certain medical issues during pregnancy, according to the Daily Caller. Federal lawyers claim that the Emergency Medical Treatment and Active Labor Act (EMTALA) requires doctors to not turn away patients in need of “emergency stabilizing care” and this “emergency” care, they argue, includes abortions.
Supporters of legislation protecting women and unborn children are outraged by the DOJ lawsuit. Marc Wheat, general counsel for Advancing American Freedom, which filed a friend-of-the-court brief with the Supreme Court, took the DOJ to task.
“I think the Biden administration will work to try to knock down protections for unborn children wherever they can find them. … It’s a really cynical strategy and I’m very disappointed with career lawyers who are pushing this, but they’re just doing the bidding of the politicals out of the White House,” Wheat said.
The case has faced some legal gerrymandering by the courts, which have issued contrasting opinions since the Dobbs ruling. In October, the Ninth Circuit Court of Appeals changed course on its own earlier ruling. The court had allowed the ban to remain in effect while the DOJ lawsuit progressed with the intention of re-hearing the case after the DOJ’s appeal. The court gave no further explanation as to what prompted its reversal.
Supporters of the Idaho law believe there is a strong possibility that this case will be heard by the Supreme Court beyond the emergency motion. It could be a pivotal high court ruling and test against Dobbs.
Wheat said the Biden administration wasn’t pursuing the Idaho abortion law until after the Dobbs decision. The EMTALA was originally about hospital access, he said, and the Idaho legislature even amended the state law to create an exception in the law that allows the procedure for saving the life of the mother and in cases of rape and incest.
“There’s a whole range of efforts across the Biden administration to try to push abortion wherever they can and here, the issue was whether an Idaho law can stand while they are fighting out this case in the courts,” Wheat said.
- Joe Biden’s administration continues its quest to fight state laws it doesn’t like.
- The Idaho attorney general requests an emergency ruling from the Supreme Court.
- Legal advocates supporting protections for unborn children fight back against the DOJ.
Source: Daily Caller