BOISE, Idaho — The Idaho State Supreme Court issued an opinion on Planned Parenthood v. State of Idaho, voting to uphold the state's laws prohibiting abortion.
According to the court's opinion, justices "cannot read a fundamental right to abortion into the text of the Idaho Constitution." This means the state's current abortion laws will be upheld.
"Since Idaho attained statehood in 1890, the Court has repeatedly and steadfastly interpreted the Idaho Constitution based on the plain and ordinary meaning of its text, as intended by those who framed and adopted the provision at issue," the opinion read. "That is the Court’s duty as the judicial branch: to sustain the rule of law—not to promote personal policy preferences of the five sitting justices."
The Idaho Supreme Court began hearing arguments in lawsuits over three of Idaho’s abortion laws in October 2022, sharply questioning attorneys about the value placed on a pregnant woman’s health, the state’s interest in ensuring that pregnancies are carried to term and Idaho’s long history of anti-abortion laws.
The high court allowed the laws to go into effect in early 2022, and as a result Idaho is one of several states where abortion is almost entirely outlawed. A final ruling on the laws — including one that criminalizes all abortions but allows physicians to defend themselves by showing the abortion was needed to save the pregnant woman's life, one that criminalizes most abortions after about six weeks’ gestation and one that allows even extended potential relatives of a fetus or embryo to sue an abortion provider — was finally handed down on Thursday.
“For 50 years, generations of Idaho women have had control over their bodies and lives with respect to the most intimate personal and private decision imaginable whether to carry a pregnancy to term or whether to terminate it,” Alan Schoenfeld, the attorney representing a regional Planned Parenthood affiliate, told the court in October. “The Idaho Legislature seeks to upend women’s lives and strip them of this fundamental right — one that’s necessary to the exercise of numerous other rights that all Idahoans cherish.”
Idaho Democratic Party Chair Lauren Necochea (D-Boise) released the following statement in response to the opinion:
Every pregnancy is unique and people seek abortion care for a range of deeply personal reasons that the government should not question. Patients, not judges or politicians, should make their own personal decisions when it comes to medical care. This decision has made it even clearer that Idahoans cannot rely on the courts to protect their reproductive freedoms. The only way we can win back our reproductive freedoms is by electing Democrats across the state.
Idaho’s extreme abortion ban, passed by the Republican-controlled legislature and signed by Gov. Little endangers the lives of pregnant Idahoans and undermines the duty hospitals have to treat and stabilize sick patients. These Republican politicians have made it clear in their party platform they would rather let a pregnancy kill a person than allow them to receive an abortion.
Idaho Democrats will continue to fight for the reproductive rights and freedoms of all Idahoans for as long as it takes. We stand with the majority of Idahoans who believe people should have access to all of the reproductive health care options available, including abortion.
Planned Parenthood of Greater Washington and North Idaho issued the following statement on the opinion:
Idaho bans have been in effect since August, forcing Idahoans who need abortion care to leave the state in order to access basic health care.
Since the decision to overturn Roe V Wade, we have seen an overall 50% patient increase for abortion patient visits in the region. While access continues to change, our commitment to finding you care won’t. Our patient navigator can help find you an appointment or connect you with financial resources, travel logistics, and follow-up care.
It is important to remember that even though abortion bans remain effect in Idaho, you still have options to access the care you need. We remain committed to restoring access so every single person in Idaho can get the abortion care that they need and deserve.
The decision to have an abortion should be made between a pregnant person and their health care provider and not by politicians or judges. Every person deserves the right to access basic care. We will never stop fighting for a person’s ability to control their own life and future.
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