Idaho Supreme Court upholds statewide abortion ban

January 5, 2023 2:56 PM

Will Wixey,

Posted: January 5, 2023 2:56 PM

Updated: January 5, 2023 7:22 PM

by Will Wixey

BOISE, Idaho — The Idaho Supreme Court upheld a statewide abortion ban on Thursday.

In the opinion written by Justice Robyn Brody, it states that petitioners (Planned Parenthood) failed to convince the court that the right to an abortion was rooted in the Idaho constitution, meaning civil enforcement can go into effect.

“We cannot read a fundamental right to abortion into the text of the Idaho Constitution,” read the opinion.

Chief Justice Richard Bevan and Justice Gregory Moeller concurred with Brody’s opinion, but Justices Joseph Stegner and Colleen Zahn dissented it.

As of now, nearly all abortions in Idaho are illegal and punishable by law. Abortions are only allowed in the state in the case of rape, incest, or threats upon the mother’s life.

Idaho’s trigger law prohibits all abortions after six weeks of pregnancy and allows family members to sue doctors for $20,000 or more if they perform an abortion.

Planned Parenthood of Greater Washington and North Idaho released the following statement on the Supreme Court decision:

“Today, the Idaho Supreme Court upheld the state’s abortion bans. These laws have been in effect since August, forcing Idahoans who need abortion care to leave the state in order to access basic health care.

After the laws went into effect we have seen an overall 50% patient increase for abortion patient visits in the region. While access continues to change, our commitment to finding you care won’t. Our patient navigator can help find you an appointment or connect you with financial resources, travel logistics, and follow-up care.

It is important to remember that even though abortion bans remain effect in Idaho, you still have options to access the care you need. We remain committed to restoring access so every single person in Idaho can get the abortion care that they need and deserve. The decision to have an abortion should be made between a pregnant person and their health care provider and not by politicians or judges. Every person deserves the right to access basic care.

We will never stop fighting for a person’s ability to control their own life and future.”

You can read the Idaho Supreme Court’s full opinion here.

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