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Idaho-Abortion
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Idaho court tosses lawsuits aiming to block abortion bans

The Idaho Supreme Court has ruled that the state Constitution does not implicitly enshrine abortion as a fundamental right

By ANDREW SELSKY
Published - Jan 06, 2023, 12:40 AM ET
Last Updated - Jun 23, 2023, 03:31 AM EDT

Idaho's Constitution does not implicitly enshrine abortion as a fundamental right, the state Supreme Court ruled Thursday as it dismissed a series of lawsuits brought by Planned Parenthood.

The ruling was a blow against those who are fighting Idaho laws that took effect in August, including one criminalizing all abortions after six weeks of gestation except to save a pregnant person’s life or because of rape or incest.

“This is a dark day for the state of Idaho. But our fight is far from over,” Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawaii, Indiana, Kentucky, said in a statement.

Planned Parenthood and a family physician brought three lawsuits against the governor and leaders of the Legislature in an effort to block new abortion bans. One of the laws allows the potential family members of a fetus to sue a health care professional who performs an abortion. Another made it a crime for medical professionals to perform an abortion after electrical activity is detected. And a third effectively banned all abortions but allowed doctors to defend themselves in court by proving that the abortion was done to save the life of their patient.

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