Idaho's Constitution does not implicitly enshrine abortion as a fundamental right, the state Supreme Court ruled Thursday as it dismissed a series of lawsuits brought by Planned Parenthood.
File: A sign taped to a hanger hangs near the Idaho Capitol in Boise after protests against the state's new abortion laws in November of 2022. as a fundamental right, the state Supreme Court ruled Thursday as it dismissed a series of lawsuits brought by Planned Parenthood.
Planned Parenthood and a family physician brought three lawsuits against the governor and leaders of the Legislature in an effort to block new abortion bans. One of the laws allows the potential family members of a fetus to sue a health care professional who performs an abortion. Another made it a crime for medical professionals to perform an abortion after electrical activity is detected.
"Since Idaho attained statehood in 1890, this Court has repeatedly and steadfastly interpreted the Idaho Constitution based on the plain and ordinary meaning of its text," the justices said. "We should look to Idaho’s history and traditions to determine the framers’ intent but not be locked into examining those rights only according to the circumstances in which they existed circa 1890," Zahn wrote.
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