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The U.S. Department of Justice sued the state in 2022 after Idaho’s near-total abortion ban went into place following the overturning of Roe v Wade, saying the strict regulation could put the life of a mother in danger. The DOJ cited the Emergency Medical Treatment and Labor Act, or EMTALA, which is a federal law requiring hospitals that accept federal funds to treat all patients regardless of their ability to pay.
That law mandates a hospital must stabilize a patient at an emergency room. The federal government argues in some cases, terminating a pregnancy may be necessary to stabilize a patient even if her life isn’t immediately in danger. The Idaho Attorney General’s Office argues that the state law does allow a physician to perform an abortion when a patient’s life is in danger.
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