BOISE, Idaho — On Friday afternoon, an Idaho Court ruled that a lawsuit surrounding when doctors may perform abortions can continue to trial.
This comes despite the state’s attempt to dismiss the case. Attorney General Raúl Labrador filed the motion to dismiss back in October.
4th District Court Judge Jason Scott is dismissing the majority of claims saying that Idaho’s criminal abortion laws do not violate the state constitution by treating pregnant women differently than those who are not pregnant and that the criminal abortion laws do not violate the Idaho constitution relating to a physician’s right to practice medicine.
Back in September, Adkins v. State of Idaho was filed by the Center for Reproductive Rights, asking the court to clarify what circumstances qualify under the “medical emergency” exceptions in Idaho’s abortion bans. As seen in similar laws across the country since the fall of Roe v Wade, unclear language in the Idaho law left doctors uncertain when they were legally allowed to provide abortion care.
As it stands, Idaho’s current law does include exceptions in instances of rape or incest and to preserve the life of the pregnant woman.
“We’re grateful the court saw through the State’s callous attempt to ignore the pain and suffering their laws are causing Idahoans. Now the State of Idaho will be forced to answer to these women in a court of law,” said Gail Deady, Senior Staff Attorney at the Center for Reproductive Rights. “This not sustainable, this is not ethical, and this certainly is not health care.”
Despite the ruling, two limited claims are being allowed to move forward against the state... including a challenge to the statutes narrowly related to how statutes might apply in specific pregnancy-related situations.
