The Department of Justice has also filed a complaint challenging Idaho’s abortion legislation.
After being challenged by Planned Parenthood, the Supreme Court of Idaho on Thursday upheld the state’s nearly comprehensive ban on abortion.
The case filed by Planned Parenthood against Idaho was dismissed by Chief Justice G Richard Bevan, Justice Gregory Moeller, and Justice Robyn Brody, with the other two justices undecided. Following the Supreme Court’s decision to overturn Roe v. Wade, the state legislature attempted to block abortions in the state through a lawsuit.
Passed in 2020, the legislation prohibits all abortions in Idaho except those resulting from a documented crime of rape or incest.
With the overturning of Roe v. Wade, the legislation could finally be enforced.
Doctors are allowed to terminate a pregnancy if they believe it is medically necessary to save the pregnant woman’s life, as determined “in his good-faith medical judgment and based on the circumstances available to the physician at the time.”
Brody wrote Thursday that there is no right to abortion in the Idaho constitution.
“The right to abortion is not guaranteed under Idaho law. While the government has broad authority to regulate behavior, Petitioners claim that some clauses implicitly establish abortion as a right deserving of heightened protection “the terms of the option.
“Since Idaho became a state in 1890, this Court has consistently applied the plain and ordinary sense of the text to interpret the Idaho Constitution by the original intent of the framers and adopters of the provision at issue. As the judicial branch, it is our responsibility to uphold the rule of law rather than advance any particular policy agenda, “Brody included.
The Department of Justice has filed a federal lawsuit against Idaho over a recently enacted statute.