Biden lawsuit 'subverting states rights' to regulate abortion heads to Supreme Court

The Supreme Court is set to consider a second abortion case this term, this time dealing with claims by a Republican-led state that the Biden administration is attempting to wield a 40-year-old federal law as an "abortion mandate."

On the heels of a debate over the Federal Food and Drug Administration’s regulation of an abortion pill, the high court will consider later this month whether the Emergency Medical Treatment and Labor Act (EMTALA) pre-empts the state of Idaho’s newly enacted Defense of Life Act – which makes it a crime for any medical provider to perform an abortion with exceptions for rape, incest and life of the mother.

The Justice Department argued that the state’s law does not go far enough to allow abortions in more medical emergency circumstances.

However, proponents of the state law say that the administration's lawsuit against Idaho is attempting to use a federal statute as an "abortion mandate" to benefit the president ahead of the 2024 elections.

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"Construing EMTALA as a federal abortion mandate raises grave questions under the major questions doctrine that affect both Congress and this Court," Idaho argued in legal filings.

In an interview with Fox News Digital, Idaho Attorney General Raúl Labrador said, "The Supreme Court made it clear that it’s up to the states to decide what our laws should be and that it's not for the federal government."

"But Joe Biden and his administration decided to come straight and sue us in federal courts. We are excited to go before the Supreme Court to show that the state should be deciding these issues and not the federal government," he said.

The DOJ said in its response to the high court that