Friday, December 09, 2022

Idaho top court allows total abortion ban to take effect

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Idaho’s top court refused to block nearly all abortions from going into effect after the US Supreme Court overturned a 1973 Roe v. Wade ruling that recognized the constitutional right to procedure Was.

In a 3-2 decision, the Idaho Supreme Court dismissed a bid by a Planned Parenthood affiliate to stop the ban from taking effect on August 25, arguing that the abortion provider had the privacy and equal protection of Idahoans under the state’s constitution. rights would be infringed. This measure allows abortion only in cases of rape, incest or to prevent the death of a pregnant woman.

The court also removed an earlier order that it had blocked a separate Idaho law issued in April that banned abortions after six weeks of gestation, enforced by citizens through private lawsuits, So that it was allowed to take effect immediately.

Justice Robin Brody, writing for the court, said that Planned Parenthood was not entitled to “drastic” relief, given the June decision of the US Supreme Court, noting that abortion was illegal in Idaho prior to Roe’s ruling. .

“Furthermore, the petitioners are asking this Court to ultimately declare the right to abortion under the Idaho Constitution, when – on its face – there are none,” Brody said.

Alexis McGill Johnson, president and CEO of Planned Parenthood Association of America, called the ruling “horrible and cruel” in a statement.

Idaho state officials did not respond to requests for comment.

Nearly half of America’s states are expected to ban or cut abortions after the conservative-majority U.S. Supreme Court’s June 24 decision that ruled Roe v. Wade, which legalized the process nationwide.

Those states include Idaho, which, like 12 others, adopted such a decision to “trigger” laws banning abortions.

Louisiana’s top court on Friday dismissed an appeal by abortion rights advocates seeking to block a similar ban.

The Idaho court did not decide on the merits of Planned Parenthood’s challenge to the ban and instead said it would hear arguments on Sept. 29.

Justice John Stegner, in a dissenting opinion, said that the court should proceed more carefully and block the ban in the interim, saying that “never in the history of our country has there been a fundamental right once granted to its citizens.” was cancelled.”

The US Justice Department sued separately on August 2 to block the Idaho ban, saying it conflicts with a federal law requiring hospitals to provide abortions in case of medical emergencies when necessary. That lawsuit, set to be argued on August 22, was the first action to challenge state abortion laws after the federal government overturned Roe.

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