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Thread: Justice Department Files Lawsuit Challenging Idaho Abortion Law

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    Justice Department Files Lawsuit Challenging Idaho Abortion Law

    So the DoJ sues Idaho for its abortion law.

    One, does the DoJ have standing? Doesn't standing involve at least demonstration of harm?

    Two, shouldn't the DoJ remain politically neutral and not be used to advance political ideology?

    Three, isn't this just showboating by the Biden Administration? Idaho law has an exception for the life f the mother. All the lawsuit seeks is the addition of an exception for health in extreme cases and even that does not necessarily include abortion. IOW, it in no way advances access to unrestricted abortion.

    Justice Department Files Lawsuit Challenging Idaho Abortion Law

    The Justice Department on Tuesday filed a lawsuit challenging Idaho’s near total ban on abortion, setting up the Biden administration’s first legal battle over abortion access since the Supreme Court in June overturned Roe v. Wade and eliminated the constitutional right to end a pregnancy.

    The lawsuit says Idaho’s abortion restrictions unlawfully conflict with a federal law that requires hospitals accepting Medicare to provide emergency treatments, which can sometimes include abortion.

    “If a patient comes into the emergency room with a medical emergency jeopardizing the patient’s life or health, hospitals must provide the treatment necessary to stabilize that patient,” Attorney General Merrick Garland said. “This includes abortion when that is the necessary treatment.”...
    UNITED STATES DISTRICT COURTFOR THE DISTRICT OF IDAHOSOUTHERN DIVISION (.pdf)

    If you don't have access to WSJ then try https://www.foxnews.com/politics/ida...ice-department
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    They are probably couching it as a civil rights case.
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    Quote Originally Posted by Peter1469 View Post
    They are probably couching it as a civil rights case.
    Even so, how does the DoJ attain standing? I could understand if they were taking up some Idahoan's case but they're not.
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    Quote Originally Posted by Chris View Post
    Even so, how does the DoJ attain standing? I could understand if they were taking up some Idahoan's case but they're not.
    I would have to spend time thinking about that. If you find any appeals level decision in a civil case, standing will be discussed - it is easy to find. It is labeled as such and is largely a cut and paste you will see in many appeals.
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    Quote Originally Posted by Peter1469 View Post
    I would have to spend time thinking about that. If you find any appeals level decision in a civil case, standing will be discussed - it is easy to find. It is labeled as such and is largely a cut and paste you will see in many appeals.
    A general definition:

    Overview
    Standing, or locus standi, is capacity of a party to bring suit in court.



    Standing in State Court
    A state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve around the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable.

    Standing in Federal Court
    At the federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Federal courts only have constitutional authority to resolve actual disputes (see Case or Controversy).

    In Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to determine whether a party has standing to sue:
    1. The plaintiff must have suffered an "injury in fact," meaning that the injury is of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent
    2. There must be a causal connection between the injury and the conduct brought before the court
    3. It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
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    Standing, on Appeal (.pdf) looks at standing in appeals and it seems administrative departments can weasel their way around constitutional requirements.
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    Quote Originally Posted by Chris View Post
    Standing, on Appeal (.pdf) looks at standing in appeals and it seems administrative departments can weasel their way around constitutional requirements.
    Hence my off the cuff response at post #2.
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    I don't really understand the scope of this suit.

    But, I do believe we'll see continuous chipping away at heavy restrictions and bans, bit by bit, until states move to more moderate positions. I can see that happening in overly liberal states as well.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    Quote Originally Posted by FindersKeepers View Post
    I don't really understand the scope of this suit.

    But, I do believe we'll see continuous chipping away at heavy restrictions and bans, bit by bit, until states move to more moderate positions. I can see that happening in overly liberal states as well.

    If DoJ has standing, if it's constitutional, it would force Idaho to allow abortion in extreme case where health of mother would be threatened. That's all.
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    Quote Originally Posted by FindersKeepers View Post
    I don't really understand the scope of this suit.

    But, I do believe we'll see continuous chipping away at heavy restrictions and bans, bit by bit, until states move to more moderate positions. I can see that happening in overly liberal states as well.
    How would the federal government have any standing in a SCOTUS ruling?
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