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DOJ announces lawsuit against Idaho to ‘protect reproductive rights’

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On Tuesday the Department of Justice announced a plan of action to “protect reproductive rights.” A press conference was held by Attorney General Merrick B. Garland and Associate Attorney General Vanita Gupta to announce the “first affirmative litigation to protect access to reproductive healthcare following the Supreme Court’s decision in Dobbs” the DOJ’s media advisory noted.

In the delivered statement by Gupta, it was announced that the DOJ filed a lawsuit challenging Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.

The Department of Justice’s Press Release titled “Justice Department Sues Idaho to Protect Reproductive Rights: Complaint Alleges Idaho Law Violates the Emergency Medical Treatment and Labor Act” summarizes Garland and Gupta’s statements:

The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA. 

“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland.  “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.” 

“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”

“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”

 EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.

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Elections

BREAKING: Hunter Biden Found Guilty on All Three Felony Charges

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Hunter Biden, son of President Joe Biden, was found guilty on all three felony charges on Tuesday. After a six-day trial, a jury concluded that the first son lied on a federal gun-purchase background-check form by falsely claiming he was not a drug addict. The jury deliberated for three hours, starting Monday afternoon following the conclusion of closing arguments.

Hunter Biden was convicted on two charges for lying about his crack-cocaine addiction on federal gun paperwork when he purchased a Colt Cobra revolver on October 12, 2018. Additionally, he was found guilty of a third charge for possessing the firearm while addicted to crack cocaine.

According to National Review, the criminal trial exposed deep rifts within the Biden family. Hunter’s ex-wife, Kathleen Buhle, and his deceased brother Beau Biden’s widow, Hallie Biden, testified against him. This created an emotional divide within the family, especially when Naomi Biden, the eldest daughter of Buhle and Hunter, testified for the defense, pitting mother against daughter.

Federal prosecutors Derek Hines and Leo Wise led the case against Hunter Biden as part of special counsel David Weiss’s legal team. Throughout the trial, Weiss was present in the courtroom, often seen conversing and eating chocolates during breaks.

Prosecutors presented what they described as “overwhelming evidence” of Hunter Biden’s drug addiction at the time he completed the gun purchase. This evidence included witness testimony, text messages, videos, images, bank records, and excerpts from Hunter’s memoir. Key testimonies from Hallie Biden, gun salesman Gordon Cleveland, and ex-girlfriend Zoe Kestan were crucial in establishing Hunter Biden’s pattern of drug use and his decision to lie about his addiction.

Defense attorney Abbe Lowell argued that Hunter Biden’s behavior had improved around the time of the gun purchase, asserting that he did not “knowingly” lie on the federal paperwork. However, the testimonies of Kestan and Cleveland, along with Hunter Biden’s own admissions of drug use in texts and memoir excerpts, posed significant challenges to the defense’s narrative.

Throughout the trial, Lowell conducted extensive cross-examinations of the prosecution’s witnesses and disputed the context of the evidence presented. However, Leo Wise’s cross-examination of Naomi Biden, where he scrutinized her text messages with her father from October 2018, proved to be a pivotal moment, undermining her defense testimony.

Before the verdict, President Biden stated he would respect the jury’s decision and would not pardon his son if convicted. At the trial’s onset, President Biden issued a statement expressing pride in his son’s efforts to overcome his drug addiction.

Hunter Biden is scheduled to face another trial in September on nine federal tax charges related to his alleged failure to pay over $1.4 million in taxes over four years.

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