Planned Parenthood sues to block a third Idaho abortion ban

By James Dawson (Boise State Public Radio)
July 27, 2022 5:02 p.m.
People hold up signs supporting abortion access as they march on a sidewalk

In this file photo, abortion rights activists march through downtown Boise Saturday, May 14, 2022, following a rally in front of the Idaho Capitol.

James Dawson

Planned Parenthood has filed a third lawsuit against the state of Idaho to halt another abortion ban from taking place.


In addition to legislation passed in 2020 that would outlaw nearly all abortions and a Texas-style abortion ban adopted earlier this year, state lawmakers approved another, separate ban in 2021.

That law would simply ban all abortions prior to six weeks of pregnancy except in cases of rape, incest or except in the case of a “medical emergency.”

It’s been on the books for more than a year, but it couldn’t take effect until a federal appeals court found a similar law to be constitutional.


On July 20, the Eleventh Circuit Court of Appeals upheld a six-week abortion ban in Georgia. Planned Parenthood expects that would trigger Idaho’s law to take effect around Aug. 19.

Planned Parenthood is asking the Idaho Supreme Court to bar its implementation and enforcement, making similar arguments as to the law’s constitutionality as it has in its previous two challenges.

That includes claiming it violates an Idahoan’s right to privacy and the equal protection clause, and saying the law is “unconstitutionally vague.”

State officials have not yet responded to the new lawsuit filed Monday afternoon.

Oral arguments are currently scheduled for the other two cases on Aug. 3.

A stay on the Texas-style abortion ban will be lifted in light of the U.S. Supreme Court’s recent decision overturning Roe v. Wade.

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