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State responds to latest Planned Parenthood lawsuit, says court should not act like the legislature

Idaho Supreme Court
Posted at 6:57 PM, Jun 29, 2022
and last updated 2022-06-29 20:57:43-04

BOISE, Idaho — The State of Idaho asked the state's Supreme Court to deny Planned Parenthood's motion to block Idaho's trigger law banning most abortions.

Idaho's law, which was passed and signed by Gov. Brad Little in 2020, would take effect summer of 2022. The ban outlaws abortions with exceptions for rape, incest and to protect the life of the mother.

Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky and abortion provider Dr. Caitlin Gustafson filed the lawsuit with the Idaho Supreme Court Monday following the U.S. Supreme Court ruling overturning Roe v. Wade. The lawsuit claims the ban "violates Idahoan's right to privacy and equal protection under the Idaho Constitution" and contends the terms are too vague.

The State's response urges the court to deny the motion as the U.S. Supreme Court ruling is too new and therefore "this action is inappropriate for an original jurisdiction action."

Related: Rally at the Idaho State Capitol in celebration of the overturning of Roe v. Wade, 2 arrested

"Additionally, on June 24, 2022, the United States Supreme Court, in Dobbs v. Jackson Women’s Health Organization, expressly left the question of the legality of abortion to the state legislatures," the response reads. "The remedy sought by petitioners should be sought in the legislature or the ballot box."

The State claims the Idaho Supreme Court should decline to hear the case as "the 30-day period for Idaho Code to become effective has not yet begun to run, and it is unknown when it will begin to run."

Related: ‘Unclear’ language in Idaho’s abortion trigger law causes confusion

"They envision the Court acting less like a court, and more like a legislature or executive officer, vetoing a law that has never been applied based on their opinions of what makes good public policy," the response reads. "But this Court decides concrete legal disputes, not ideological disagreements."

The response asks the Idaho Supreme Court to deny the motion and the petitioners to prove the right to an abortion via the state's constitution.

Read the full response here: