Justice Department Files First Post-Dobbs Lawsuit Against Idaho Abortion Restrictions

Would anyone want the local garbage pickup crews over-ruling the medical judgement of trained, experienced medical professionals who feel that medical intervention was needed to save a pregnant women's life?  When low level political hacks give themselves the right to judge whether or not a medical judgement that intervention was necessary was justified, why would any medicial professional risk being charged with a five year felony conviction?

Our democracy is being driven into autocracy where low level partisan hacks are giving themselves authorities that scientifically, medically and even morally they are not qualied to have.

In cases of medical emergency, to delimit the ability of medical professionals (by threat of lawsuit) to properly treat their patients puts us all at risk.

I do not care how 'righteous' such tactics may seem, it is a very dangerous process when local government partisans can influence critical medical decisions in retrospect.

It looks a lot like the communist system where low level party members are granted the ability to make some life and death decisions that effect the people in thier charge; Decisions that they have neither the experience nor the knowledge to make, anymore than the local trash pickup crews have the experience nor knowledge to make. 

Idaho’s trigger law criminalizes abortions except in cases of reported rape, incest, or the life of the mother.

The exceptions still allow medical providers to sue despite the exceptions

(1) while the rapist or person committing incest can’t sue, their family members can

(2) mother’s life must be in imminent danger (bleeding out, unstable vital signs, admitted to intensive care) and not a likelihood of death or disability (any disease like cancer requiring mediate drug therapy, immunological drugs used arthritis that can induce miscarriage)

Due to this restrictive state legislation. and as long as legal proceedings are underway, reproductive healthcare workers & providers won’t be providing medical care under these conditions nor will many healthcare providers treat pregnant woman for any condition (cancer, immunology, opthomolody, etc) that use drugs that could result in miscarriage.

A study of Texas physicians practicing under a law that has been in effect for almost 1 year  (9-21-21) the following are the types of procedures that hospital ethics boards have refused to approve for fear of law suits:

1) 39 year old woman with fetal diagnoses of spina bifida and trisomy 18, physician would not even inform her about termination options. 

2) Patients with a life-limiting fetal diagnosis, such as anencephaly or bilateral renal agenesis, are only being counseled to continue their pregnancy and offered neonatal comfort care options after delivery.

3) All hospitals have prohibited multifetal reduction, even though in some cases (e.g., complications of monochorionic twins) failure to perform the procedure could result in the loss of both twins. 

4) Patients with pregnancy complications or preexisting medical conditions that may be exacerbated by pregnancy are being forced to delay an abortion until their conditions become life-threatening and qualify as medical emergencies, or until fetal cardiac activity is no longer detectable. 

5) MFM specialist reported that  hospitals no longer offers treatment for ectopic pregnancies implanted in cesarean scars, despite recommendations from the Society for Maternal–Fetal Medicine that these life-threatening pregnancies be definitively managed with surgical or medical treatment 

6) patients with rupture of membranes before fetal viability are eligible for a medical exemption under SB8, while others believe these patients cannot receive an abortion so long as there is fetal cardiac activity. 

7) multiple cases, the treating clinicians on the basis of their own or their hospital’s interpretation of the law, that they could not provide early intervention — sent patients home, only to see them return with signs of sepsis. 

8) obstetrician–gynecologist recalled only 1 patient was able to obtain an abortion at their hospital under SB8’s maternal health exemption, because her severe cardiac condition had progressed to the point that she was admitted to the intensive care unit. 

9) MFM specialist summarized, “People have to be on death’s door to qualify for maternal exemptions to SB8.” 

10) Clinicians repeatedly noted that only Texans with financial resources and social support can obtain an abortion outside the state. Moreover, patients who travel for such care can have further complications while on the road or in the air. 

11) Physicians trained in dilation and evacuation (D&E), the standard procedure for abortion after 15 weeks of gestation, have been unable to offer this method even for abortions allowed by SB8 because nurses and anesthesiologists, concerned about being seen as “aiding and abetting,” have declined to participate. 

12) physicians described relying on induction methods to get patients care more quickly; others reported that their colleagues have resorted to using hysterotomy, a surgical incision into the uterus, because it might not be construed as an abortion. Although induction may be appropriate in some circumstances, hysterotomy increases a patient’s immediate risks for complications as compared with D&E or labor induction and has negative implications for all future pregnancies. One obstetrician–gynecologist described this practice as going “back to doing what they used to do before there was a D&E provider in town. 

13) woman with optic nerve infection can’t be treated while pregnant and will go blind without treatment 

14) constraints on physicians’ autonomy to practice evidence-based medicine have created concern about the law’s long-term consequences for the medical field.5 SB8 has taken a toll on clinicians’ mental health; some physicians report feeling like “worse doctors,” and some are leaving the state. As a result, clinicians worry that pregnant Texans are being left without options for care and without doctors capable of providing it.

https://fivethirtyeight.com/features/even-exceptions-to-abortion-bans-pit-a-mothers-life-against-doctors-fears/

https://www.nejm.org/doi/full/10.1056/NEJMp2207423

https://www.causes.com/comments/25456

https://blog.idahoreports.idahoptv.org/2022/06/24/idahos-abortion-law-puts-medical-expertise-prosecutorial-discretion-on-collision-course/

https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch6/sect18-622/

https://www.pbs.org/newshour/politics/watch-justice-department-sues-idaho-over-abortion-law

WATCH: Justice Department sues Idaho over abortion law

The Justice Department has filed a lawsuit that challenges Idaho’s restrictive abortion law, arguin...

https://www.pbs.org/newshour/politics/watch-justice-department-sues-idaho-over-abortion-law

Wasting time and not investigating Hunter.

It's cruel to deny a woman healthcare that could save her life, no matter what. I understand that those on the right hate abortion and don't want it to occur under any circumstances, but to deny a woman's right to live and thrive is beyond extreme. Most  women who have abortions have families, so allowing this mother to die would leave these children motherless, which is certainly neither pro-life nor pro-family.

The Justice Department is right to uphold EMLA and pursue legal action against Idaho. If you don't want to allow abortion in all circumstances, that's one thing. But to force a woman to die over it is going too far, and is certainly anti-woman.

Women are not second class citizens that forced birth is decided for them by the government.

These lawsuit will be dismissed or ruled in favor of Idahos laws in the Supreme Court.....

The Democrats are poorly educated in Natural Rights, Separation of states, and constitutional law.

Impeach: Thomas, Alito, Kavanaugh, Gorsuch, Coney. No wait, impeach Thomas twice.

Legislated religion needs to end. I hope DOJ goes after Texas next.

in a country that boasts freedom of religion - we can't cram ours down the throats of those who choose not to believe! 

ans just in case you need some clairification Scripturally so you can feel better about supporting DOJ actions - in the Bible breath is the metaphor for life - and source of life - not heartbeat. Abortion was performed by priests. 

I do not want to have to move out of this state because the federal level government can't protect an individual's right to have an abortion, merry who they want or adopt a different gender from which they were born & we continue to be governed in Texas by some of the worst offenders ever when it comes to legislated religious beliefs. 

All of the political posturing and stunts and 2020 election deniers (its 2022 - it's fine to move on) is an offense to this patriot's heart to my core. I have now switched parties because I'm fed up and have had enough of the GOP continued refusal to protect individual rights from states who will trample them first chance they get. My kid begs me every week to move out of this oppressive state. The hatred we see in the name of Christian conservative beliefs is heart breaking. When our political leaders are inciting this behavior, it's nauseating. 

Our only hope for our childrens future in this country is for federal government to protect individual's freedoms from state level oppression. Start here and support action against states whose lawmakers think they can also be better than doctors who are actually the ones trained to serve and make decisions in this arena. 

A person's right to choose for their own bodies is soly up to the individual.  It is not up to anyone else. 

Trump-backed GOP candidate for Michigan AG under criminal investigation for possibly tampering with voting machines...... Do we need to say anymore about Republican scumbag politicians, except that they're liars, extremists, anti-American and fascists.

Legislating the human body and the owner's health decisions allows for requiring reversible vasectomies as the perfect and most safe birth regulation as no egg can make a baby without sperm. (Just one of many examples.)

Performing an abortion should never be considered a felony on a doctor's part. Abortion is a personal choice, and often the best choice for a patient's health.

It is amazing how someone can shout about personal freedom to not wear a mask and spread covid or buy tons of guns and shoot people but if a person gets raped or doesn't have the means to support bringing a child into this world they are being forced to impact their body and live by not being able to control their own body and having an abortion. I'm anti war and death penalty because I'm against killing others, but just because something is living in you doesn't mean it's alive. Bacteria and parasites are living things in the human body but pretty much everyone agrees that you don't want to let them continue to live in you. 

Abortion is a PERSONAL HEALTH decision.

Of course I support this lawsuit.  I have yet to hear from the pro-life crowd their plan and programs that will support all of these unwanted children and feed, clothe and educate them to the age of 18.

The birth mother can't do this so everyone forcing these women to give birth are responsible for making the products of forced births into healthy, educated Americans.

Totally support the DOJ's actions.  Abortion should be a personal decision, not that of legislators.  Roe v. Wade should never have been overturned.  It was a commonsense policy towards abortion that protected the rights of the woman and the fetus.

Abortion is not birth control and not elective health care. These are living human beings who have a constitutional right to life!! Shame on abortionists!! 

If you don't like your state's stand on abortion laws MOVE!

I consider all meidal decisions as inappropriate for government intervention at all levels.  That said, even if I opposed abortion for any reson, it is important that states not be able to make requirments toat violate constitutional rights or federal law.  I approve of this lawsuit 100%  Every state with such a provision that either violates federal law or requires medical providers to violate federal law MUST be challended! 

NEVER BEEN SO HAPPY TO BE SUED IN MY LIFE!!!!  This is EXACTLY what our country needs to combat this dystopian fascist Supreme Court and American Nazi Party regime.  The Biden DOJ is STANDING UP TO PROTECT OUR COUNTRY not to rip it apart with this decision.  So while I unfortunately live in the state of Idaho, where we have white nationalists trying to control this state, it is good to see the DOJ stand up to protect women's right.  I have known several women that WANTED TO HAVE A BABY but they lost their baby in a miscarriage, which I believe they would not get the MEDICAL HELP they would need if the ban goes into effect--WOMEN DESERVE THE RIGHT TO THE MEDICAL CARE THEY WANT AND NEED.   To my reich and file white nationalist "reps" CRAPo and Risch--seriously how much deeper in hell do you need to live.  Is hell social status depend on how despicable and deplorable you are?  So I guess you two will rot pretty deep since you don't give a damn about women and veterans.  Look you two can rot in hell all you want on your time--STOP DRAGGING OUR COUNTRY WITH YOU!!!

Just as elections should not be federalized but rather supervised by individual states, so should the manageemnt of abortion availability.

Forced birth is not only slavery but a violation of the American ideals of personal freedom. These personal freedoms are not written to only include white men!

Until we can be rid of the ignorant, cruel, and hateful Republicans who want to deny women their full rights, I am ecstatic that we have an AG who will work for the people.

Unfortunately Idaho often leads the nation in unconstitutional legal shenanigans.