Idaho’s top court on Friday refused to stop a Republican-backed state law criminalizing nearly all abortions from taking effect after the U.S. Supreme Court overturned the 1973 decision Roe v. Wade that had recognized a constitutional right to the procedure.
A divided Idaho Supreme Court rejected a bid by Planned Parenthood to prevent a ban from taking effect on Aug. 25 that the abortion provider argued would violate Idahoans’ privacy and equal protection rights under the state’s constitution.
Justice Robyn Brody, writing for the court in the 3-2 decision, said given the U.S. Supreme Court’s June decision, Planned Parenthood could not show it was entitled to such “drastic” relief, particularly since before the Roe ruling abortion was illegal in Idaho.
“Moreover, what Petitioners are asking this Court to ultimately do is to declare a right to abortion under the Idaho Constitution when – on its face – there is none,” Brody added.
The justices also lifted a stay on a separate Idaho law banning abortion after six weeks of pregnancy enforced through private lawsuits by citizens, which the state Supreme Court put on hold in April while Roe was still in effect.
Planned Parenthood and Idaho officials did not immediately respond to requests for comment.
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