The Idaho Supreme Court upheld the state's near-total abortion ban, marking the latest legal success for state trigger laws after a federal right to abortion was dismantled last year.
“What Petitioners are asking this Court to ultimately do is to declare a right to abortion under the Idaho Constitution when—on its face—there is none,” Brody wrote."In fact, beforeannounced a federal constitutional right to abortion in 1973, abortion had been a long-standing criminal offense in Idaho."
The majority opinion noted that for the court to find an alleged fundamental right to abortion, it must examine the state constitution and its framers' intent for the inalienable rights clause. "Applying that test to this dispute, the majority concludes there is no support for a conclusion that a right to abortion was 'deeply rooted' at the time the Inalienable Rights Clause was adopted,"The court's majority added that relevant history and traditions of Idaho"show abortion was viewed as an immoral act and treated as a crime.
The court signaled in August that it would deny Planned Parenthood's challenge, deciding by a 3-2 vote that it would decline to stay the implementation of the trigger ban. FILE - This June 8, 2017, photo shows the Idaho Supreme Court building in Boise, Idaho. A regional Planned Parenthood organization has filed a third lawsuit over Idaho’s anti-abortion laws and the latest targets the state's ban on abortion for pregnancies beyond six weeks. Family medicine Dr. Caitlin Gustafson and the regional Planned Parenthood organization filed the lawsuit on Monday, July 25, 2022.
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