(BOISE) – Idaho Attorney General Lawrence Wasden today issued the following statement in response to the U.S. Department of Justice lawsuit against the state over abortion law.
“It’s unfortunate that, instead of sitting down with the State of Idaho to discuss the interplay between its abortion laws and EMTALA, the U.S. Department of Justice has chosen to file a politically motivated lawsuit. Since the Dobbs decision from the U.S. Supreme Court in June, the Department has had nearly six weeks to discuss with Idaho its abortion laws and their reconciliation with EMTALA.
“Contrary to the carefully edited assertion in paragraph 25 of the Department’s complaint that Idaho’s laws are preempted, EMTALA actually states: “The provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section.” 42 U.S.C. 1395dd(f).
“Instead of complying with the requirements of this provision and reconciling Idaho’s law with EMTALA, or even attempting to engage Idaho in a meaningful dialogue on the issue, the federal government has chosen to waste taxpayer dollars on an unnecessary lawsuit.”
- Idaho Attorney General Lawrence Wasden