The Supreme Court of the US state of Idaho refuses to stop a law that criminalizes virtually all abortions in the state. On Friday, the court ruled that the ban can come into effect on August 25, as planned. After Indiana, Idaho is the second Republican state to pass such a law after the nationwide right to abortion was abolished.
Planned Parenthood had filed a case against the new law, which is mainly supported by Republicans. According to the American Women’s Health Organization, the law violates the right to privacy and equal protection of rights enshrined in the Idaho Constitution.
In 1973 the right to abortion was enshrined in the US Constitution through the Roe v. Wade abortion lawsuit. The U.S. Supreme Court issued a special ruling in that case. It declared legislation that made abortion difficult or even banned in US states “unconstitutional”.
The Supreme Court, now made up mostly of Republican judges, reversed that decision in June. As a result, each state can now decide for itself whether it allows abortion or not.
The Idaho Supreme Court was divided on whether to pass the law or not. In the end, the court voted 3 to 2. That means that the new law will take effect from August 25 and will criminalize virtually all abortions in the state.
Judge Robyn Brody said that given the rollback of Roe v. Wade, Planned Parenthood could not demonstrate that it was entitled to such “drastic relief.” Especially since abortion was illegal in Idaho for Roe v. Wade.
The judges also ruled that another law banning abortion after six weeks of pregnancy and temporarily put on hold may go ahead.