Idaho Abortion Ban – DOJ Files Lawsuit

Merrick Garland’s DOJ sued over the Idaho abortion ban law that was ‘triggered’ by the overturn of Roe v Wade. Contrary to the Democrat narrative, Idaho’s abortion ban still allows the procedure if the woman’s life is in jeopardy (including ectopic pregnancies) or in cases of rape and incest, or in cases of a minor who is pregnant. It punishes doctors who perform the abortion without proof that it was a necessary procedure.

“Today, U.S. Attorney General Merrick Garland and the Biden Administration targeted Idaho by filing a direct legal challenge to Idaho’s abortion law, which will go into effect later this month. This is only the latest in a long line of examples of the federal government assailing Idaho’s cherished values and attempting to impose its policy preferences on the people of Idaho, from Washington, D.C.
The Biden Administration believes that emergency rooms should become abortion clinics. The people of Idaho disagree.”

Dorothy Moon,Chairwoman of the Idaho Republican Party

Idaho’s Governor, Brad Little, says that the state will fight the lawsuit, since the abortion ban went through the state legislature. The DOJ lawsuit says that the Idaho abortion ban violated the Constitution’s Supremacy clause. The Federal government, on the other hand is violating the Sovereignty of the State. The Supreme Court’s decision in Roe v Wade simply placed the issue of abortion back on the states – but the Biden administration refuses to allow the states to administer their own affairs. They picked Idaho as the first test of their overreach, probably because they think we’re a backwoods pushover. They are wrong.

The suit seeks a declaratory judgment stating that Idaho’s law violates the Constitution’s Supremacy Clause and is preempted and conflicts with federal law. It also seeks a judgment that Idaho may not initiate a prosecution against or attempt to revoke the professional license of any medical provider who performs an abortion authorized under federal law. The department also called for a preliminary and permanent injunction against the state of Idaho to prohibit enforcement of its abortion ban when it conflicts with federal law.


Divided Idaho

Their argument says that women are being denied care when their lives are threatened, which is a leftist lie. Idaho is divided, however, as the Democrat Mayor of its Capital, Boise, signed a pro-abortion resolution on July 19th (making Boise a “sanctuary city” for abortion by de-emphasizing enforcement of the Idaho abortion ban). The narratives of the Democrats are so far from the truth that it’s over-the-top wrong. Congress, by the way was not able to codify Roe v Wade – the bill has not yet passed, so the claim that the Idaho abortion ban “violates the Supremacy clause” is faulty. This case will likely end up at the Supreme Court, if they will hear it. Idaho is within the liberal 9th Circuit Court jurisdiction.

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. All of her posts on Conservative Firing Line are also posted on Uncle Sam's.

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