Idaho Supreme Court Allows State's Near-Total Abortion Ban to Take Effect

Milton Quintanilla | Contributor for | Tuesday, August 16, 2022
Idaho Supreme Court Allows State's Near-Total Abortion Ban to Take Effect

Idaho Supreme Court Allows State's Near-Total Abortion Ban to Take Effect

Idaho's trigger law and heartbeat abortion ban will be allowed to go into effect after both the state's Supreme Court upheld them in a ruling last Friday

Among the laws now cleared to be enacted are Senate Bill 1309, which restricts abortions after a heartbeat is detected and must be enforced by private citizens, and an abortion ban initially set to go into effect directly after the U.S. Supreme Court overturned Roe v. Wade in June.

In the 3-2 ruling on Friday, the state's high court rejected a lawsuit by Planned Parenthood and other plaintiffs who contended that the bans violated the state's constitution. Meanwhile, the Department of Justice filed a separate lawsuit against the abortion bans, marking the first time a Biden administration entity has sued a state over its abortion restrictions since Roe v. Wade was reversed.

In Friday's ruling, Justice Robyn Brody contended that the bans must take effect since the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization "altered the landscape" of abortion laws in the U.S.

"In sum, in the post-Dobbs legal landscape, Petitioners cannot establish a substantial

likelihood of success on the merits or a 'very clear' right that will be irreparably injured if the

preliminary stay against implementing S.B. 1309 is vacated," Brody wrote in the majority opinion, according to The Christian Post.

Meanwhile, Justice John Stegner wrote an opinion that both concurred and dissented. He argued, in part, that the court should temporarily suspend the laws while they are being weighed upon in court.

"We – both Idaho's citizens and this Court – now find ourselves in uncharted legal waters,

waters we should navigate with great caution and care," Stegner wrote.

"Simply put, this case involves the application of Idaho law to a uniquely Idaho question. It

is manifestly incorrect to apply federal law and precedent under the facts of this case."

The trigger law, also known as Idaho Code § 18-622, bans nearly all abortions in the state except in cases of rape, incest or a medical emergency. Additionally, anyone who performs an abortion can face two to five years in prison.

The bans will go into effect on Aug. 25.


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Photo courtesy: ©Getty Images/Kagenmi

Milton Quintanilla is a freelance writer and content creator. He is a contributing writer for Christian Headlines and the host of the For Your Soul Podcast, a podcast devoted to sound doctrine and biblical truth. He holds a Masters of Divinity from Alliance Theological Seminary.

Idaho Supreme Court Allows State's Near-Total Abortion Ban to Take Effect