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Idaho Bans Abortions at 6 Weeks

Rebecca Santana/AP photo

The Idaho Supreme Court decided this week to not block a trigger law that would ban nearly all abortions, which is set to take effect August 25. 

It also blocked a second law that bans abortion at six weeks of pregnancy or when a heartbeat is first detected, which will take effect August 19. 


The new abortion law makes the procedure illegal unless it is needed to save a pregnant woman's life or if the pregnancy is a result of rape or incest that has since been reported to law enforcement. 

Medical providers who perform an abortion will face up to two to five years in prison, and those who help assist the procedure will have their medical licenses revoked. 

Earlier this month, the Biden administration filed a lawsuit against Idaho, challenging the trigger law, which is still ongoing. 

The Justice Department said in its lawsuit that the ban's exceptions are "extremely narrow" and conflict with federal law. 

In a 3-2 ruling, the Idaho Supreme Court ruled that the three Republican-backed laws banning abortions can take effect despite ongoing legal challenges. 

In June, abortion providers sued the state because they claimed the law was "constitutionally vague" and should be "invalidated and declared unconstitutional.”


Gov. Brad Little (R-Idaho) banned abortions in March of 2020, making it a trigger law, which was “triggered” when the Supreme Court of the United States decided to overturn Roe v. Wade in June. 

Little defended his move arguing that abortion is not a constitutional right. 

“Abortion is not a right expressed in the U.S. Constitution… the ‘right’ to an abortion was a judicial creation,” Little said in a statement, adding “Idaho has been at the forefront of enacting new laws to protect pre-born babies.”

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