DOJ Suit Asserts Medicare, EMTALA Preempt Idaho Abortion Ban

The Justice Department on Tuesday (Aug. 2) sued Idaho over its near-total abortion ban in what could be the first test in the courts on whether Medicare requirements that patients be offered emergency medical care preempt state laws banning abortion. The lawsuit is DOJ’s first challenge to a state abortion ban since the Supreme Court’s June 24 Dobbs v. Jackson Women’s Health Organization opinion that overturned 50 years of federal protections for abortion care. The suit challenges Idaho’s near-total...