Idaho Supreme Court to decide how to proceed with Idaho abortion bans

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Posted at 1:55 PM, Aug 03, 2022
and last updated 2022-08-03 20:22:39-04

BOISE, Idaho — The Idaho Supreme Court heard procedural arguments on Idaho's abortion bans and how to proceed in the lawsuits Wednesday morning. No rulings regarding the two abortion laws brought forward were made as of Wednesday afternoon.

The hearing began with Chief Justice G. Richard Bevan addressing the court on what would be discussed. The main topic is for the case to be heard in the Idaho Supreme Court rather than in a district court before escalating to the Supreme Court.

Alan Schoenfeld, an attorney representing Planned Parenthood, argued the new laws are vague and questioned the criminal and civil enforcement. Schoenfeld asked the Supreme Court put both on pause while the lawsuits make their way through the judicial system.

Megan Larrondo, an attorney representing the State, asked the court to let the bans go into effect. Larrondo also asked the court to take direction from the U.S. Supreme Court's decision in Dobbs v. Jackson, the case that overturned Roe v. Wade, into account.

After the arguments, Chief Justice Bevan said the court would render a decision but did not say when that decision would be made.

“As Idahoans, we rely on our constitutional right to privacy – and we also rely on our health care providers’ ability to deliver high-quality care, without interference from politicians. If these abortion bans take effect, our patients would be unable to access critical care, with devastating, and potentially deadly, consequences. The narrow exceptions presented in these bans are vague and therefore are dangerous to patients across our state. We cannot allow these bans to stand.”

Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky

Last month the City of Boise said they would not prioritize city resources for Abortion related investigations.

According to the Associated Press, at the most recent convention, the Idaho GOP voted on a resolution stating the party opposes abortion in all stances, including if the life of the mother is at risk.

The Supreme Court could divert this back to a lower district court before taking up the issue and will decide whether to place the bans on hold or allow them to take effect later this month.

It is unknown when a decision could be made by the Idaho Supreme Court.