Idaho Supreme Court Upholds the State’s Near-Total Abortion ban

BOISE – The Idaho Supreme Court has rejected multiple challenges from Planned Parenthood and an independent abortion provider to the near-total abortion ban in the state.

On Thursday, the court released an opinion in regarding the effort by Planned Parenthood Great Northwest, and others, seeking the court to rule that the state’s constitution includes a “fundamental right” to abortion and to block three state abortion laws.

“The Idaho Constitution does not contain an explicit right to abortion. Nevertheless, Petitioners argued that certain provisions implicitly enshrine abortion as a right entitled to heightened protection from the legislature’s broad power to regulate conduct. In other words, they contended abortion is a “fundamental” right,” says a summary released by court staff. “The majority concludes that a fundamental right to abortion cannot be read into the text of the Idaho Constitution.”

The decision was split.  Justice Colleen Zahn, and Justice John Stegner maintained that a pregnant woman does have a fundamental right to an abortion.

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