Idaho could be the next state to outlaw abortion, local outlet Idaho Statesman reported Sunday.
In the Statesman’s report, it claimed that abortion access in Idaho is at risk due to a Supreme Court case that could overturn Roe v. Wade and legislation pushed at the state level that chips away at abortion access.
“This year, women could see abortion access severely curtailed in Idaho,” the report stated. “Some Idaho bills already have threatened to hamper access to the procedure, and more could be on the way.”
“Neighboring states and abortion clinic staffers said they’re already preparing for an influx of Idaho patients who could stretch their clinics to capacity,” it added.
The Supreme Court case that could alter the future of abortion laws in Idaho is Dobbs v. Jackson Women’s Health Organization. Dobbs surrounds the constitutionality of a 15-week abortion ban in Mississippi. The Court heard oral arguments for the case on Dec. 1. In an amicus brief, Mississippi Attorney General Lynn Fitch asked the Supreme Court directly to overturn two landmark abortion cases – Roe and Planned Parenthood v. Casey.
“Roe and Casey are egregiously wrong. The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition,” Fitch said in her brief. “So the question becomes whether this Court should overrule those decisions. It should.”
Following the Dobbs oral arguments, reports indicated that the Supreme Court would be open to upholding Mississippi’s abortion law and possibly overturning Roe, as I covered. Several states would automatically outlaw abortion if Roe is overturned, including Idaho.
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“Any ruling that returns abortion decisions to states could trigger laws in several states, including Idaho, that would essentially outlaw the procedures,” the Statesman reported. “One Idaho law already on the books makes abortion a felony if Roe v. Wade is overturned.”
Last year, the Statesman reported, Idaho lawmakers passed a bill similar to Texas’ law, S.B. 8, that bans abortions after fetal heartbeat detection. However, Idaho’s law goes into effect only if an appellate court upholds a similar heartbeat law. The law makes exceptions for rape, incest, and life of the mother.
“Once federal courts rule on abortion laws, Idaho courts would need to determine whether the state can enact new laws,” the Statesman reported. A state lawmaker who co-sponsored the state’s heartbeat bill told the Statesman that more abortion-related bills will be introduced in 2022. State lawmakers expect support from Gov. Brad Little (R) on pro-life legislation.
In an email to the Statesman, Little’s spokesperson Emily Callihan said that the governor is “pro-life and supports states’ rights.”
“Gov. Little welcomes a ruling by the U.S. Supreme Court that would clarify there is no constitutional right to an abortion and restore state sovereignty by allowing states to regulate all abortions,” Callihan said, and noted that Little is in favor of undoing Roe.
A decision for the Dobbs case is expected next summer. Last month, the Supreme Court upheld Texas’ S.B. 8 law after abortion clinics in the state sued, as well as the Department of Justice (DOJ). The Supreme Court did not allow the DOJ’s lawsuit to move forward and returned the abortion clinic’s lawsuit back to the Fifth Circuit Court of Appeals, which I covered.
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