Idaho Supreme Court upholds state’s tough abortion bans – National

Idaho’s strict abortion bans are allowed to go into effect while legal challenges to the laws are fought out in court, the Idaho Supreme Court ruled Friday.

A doctor and a regional Planned Parenthood affiliate sued the state earlier this year over three anti-abortion laws, all due to go into effect this year after the US Supreme Court ruled Roe v. Wade lifted.

According to the ruling, a near-total criminalization of all abortions will come into effect on August 25, but allow doctors to defend themselves in court by claiming that the abortion was performed to save the life of the pregnant person.

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US is suing Idaho for banning abortion, citing need to treat “medical emergencies.”

Another law also goes into effect, allowing potential relatives of an embryo or fetus to sue abortion providers for up to $20,000 within four years of an abortion. Rapists cannot sue under the law, but a rapist’s family members could sue.

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Planned Parenthood has also sued over a third strict ban that criminalizes abortions after six weeks of pregnancy except in cases where it was necessary to save a pregnant person’s life or was performed for rape or incest. This law should come into force on August 19th.

dr Caitlin Gustafson and Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky filed three lawsuits challenging each of the statutes. The Idaho Supreme Court combined those cases into one as part of Friday’s ruling.

Planned Parenthood and the doctor failed to show that being allowed to enforce the law would cause “irreparable harm,” the Idaho Supreme Court found. The Supreme Court said the plaintiffs also had no evidence that they had a “clear right” to a remedy or that they were likely to win the case.

“What the petitioners ultimately want of this court is to declare an abortion right under the Idaho Constitution when — on the face of it — there is none,” the court wrote.

Click here to play the video: Indiana becomes first state to ban abortion after overthrow of Roe v. Wade Approved

Indiana becomes first state to ban abortion after Roe v. Wade approved

Indiana becomes first state to ban abortion after Roe v. Wade approved

The Supreme Court found that the complexity of the arguments is likely to break new legal ground in the state. The majority of the judges said the issues should not be decided until the case is fully settled – a process that could take months or more.

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“In short, given Idaho’s legal history, we cannot simply conclude that such a Roe-less right exists without breaking new ground, which should be done after the matter is finally presented on the merits,” the court wrote .

During the hearing in the case last week, a Planned Parenthood attorney and Gustafson told the Supreme Court that the exceptions to the abortion ban to save a patient’s life are so vague as to be impossible to follow.

“This language gives no indication of how imminent or significant the risk of death must be for a provider to feel safe” in performing the abortion, Alan Schoenfeld said. “Supposing a patient with pulmonary hypertension has a 30-50% chance of dying – is that enough?”

But attorneys representing the state of Idaho and the legislature told the court that abortion has historically been prohibited in Idaho since statehood.

© 2022 The Canadian Press Idaho Supreme Court upholds state’s tough abortion bans – National


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