Idaho court issues ruling on abortion ban exception lawsuit broadening medical exception

BOISE, Idaho (CBS2) — An Idaho court has issued a ruling clarifying the medical exceptions allowed under Idaho’s abortion ban law.

The ruling now broadens the previous exception, which allowed for abortions only when necessary to prevent the death of the pregnant patient, to now allow patients if they have a health condition or pregnancy complication that creates some risk that the patient may die at some point if they do not receive an abortion.

Four women, each of whom had to leave Idaho in order to obtain an abortion after suffering lethal fetal diagnoses. The new ruling expands and clarifies the exception, though it would not have helped some of the women who brought the suit to begin with. The court ruled that pregnant women with lethal fetal conditions do not qualify under the ban’s exception, unless the fetal condition also poses a risk to the mother’s life. The court also ruled that people who are at risk of self-harm due to mental health conditions do not qualify.

“Pregnant Idahoans whose health is in danger shouldn’t be forced to remain pregnant, and we are glad the court recognized that today. But this decision leaves behind so many people, including some of the women who brought this case. No one should have to choose between carrying a doomed pregnancy against their will or fleeing the state if they can,” said Gail Deady, Senior Staff Attorney at the Center for Reproductive Rights.

It’s been an emotional rollercoaster hearing this decision. This cruel law turned our family tragedy into an unimaginable trauma. No one wants to learn that your baby has a deadly condition and will not survive, and that your own life is at risk on top of that,” said lead plaintiff Jennifer Adkins. “While I was able to leave the state for care, others may not be so lucky. We all deserve to feel safe and thrive as we try to grow our families. I hope to see a day where Idahoans can get the care we need, when we need it, right here with our trusted doctors.

The lawsuit was initially filed by the Center for Reproductive Rights on behalf of the four women who were denied abortions, multiple Idaho doctors, and an Idaho medical association, all of whom were seeking clarification on what circumstances qualify under the “medical emergency” exception, according to a statement released by the Center for Reproductive Rights.