BOISE, Idaho (AP) — Idaho’s strict abortion ban is allowed to take effect pending legal challenges in court, the Idaho Supreme Court ruled Friday. .
Physicians and local Planned Parenthood groups sued the state earlier this year over three anti-abortion laws. All of these laws were due to come into force this year, with the U.S. Supreme Court overturning her Roe v. Wade decision.
The ruling almost entirely criminalizes all abortions — but allows doctors to defend themselves in court by claiming that abortions were performed to save the life of a pregnant person. — will take effect on August 25th.
Another law has also been enacted that allows potential relatives of an embryo or fetus to sue the abortion provider for up to $20,000 within four years of the abortion. A rapist cannot sue under the law, but a rapist’s family can.
Planned Parenthood has also filed a lawsuit over the third hardest ban criminalizing abortions after six weeks of pregnancy. The law she was due to come into force on August 19th.
Dr. Caitlin Gustafson and Planned Parenthood The states of Great Northwest, Hawaii, Alaska, Indiana and Kentucky have filed three lawsuits over their respective laws. The Idaho Supreme Court consolidated those cases into her one as part of Friday’s ruling.
Planned Parenthood and doctors failed to prove that allowing enforcement of the law would cause “irreparable harm,” the Idaho Supreme Court ruled. The High Court said it had no evidence that the plaintiffs had a “clear right” to relief, nor that they were likely to win on the merits.
“The ultimate demand of appellants for this court is to declare abortion rights under the Idaho Constitution.
The complexity of the argument is likely to defeat the state’s new legal basis, the High Court ruled. A majority of judges said that meant that the issue should not be decided until the case was fully resolved. This process can take several months or longer.
“In short, given Idaho’s legal history, there is no such right in the absence of a Roe, without breaking new legal grounds that should arise only after the issue is finally brought to the merits. It cannot be simply inferred to exist,” the court wrote.
In oral arguments last week, attorneys for Planned Parenthood and Gustafson told the High Court that the life-saving exception to the abortion ban was so vague that it was impossible to follow.
“This statement does not indicate how imminent or serious the risk of death is for the donor to have the confidence to perform an abortion,” says Alan Schoenfeld. “If people with pulmonary hypertension have a 30% to 50% risk of dying, is that good enough?”
But an attorney representing Idaho and the state legislature told the court that historically abortion has been outlawed in Idaho since its incorporation.
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The Idaho Supreme Court does not prevent a strict ban on abortion. WGN Radio 720
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