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 January 6, 2023

Idaho Supreme Court upholds near-total ban on abortion

Residents of Idaho who support the movement to protect life just received fantastic news this week as the state's high court ruled in favor of protecting the unborn.

According to the Washington Examiner, the ruling from the Idaho Supreme Court means that the state's near-total abortion ban will be upheld, making it one of the strongest, if not the strongest, anti-abortion state in the United States.

The strict anti-abortion laws had been part of the state's "trigger laws" that kicked in when Roe v. Wade was overturned last year, similar to other red states with similar laws on the books.

The Examiner noted: "Planned Parenthood challenged the state's 2020 trigger law that was to go into effect if the U.S. Supreme Court overturned Roe v. Wade , which happened last summer. The law only permits abortions if the mother's life is in danger or if a pregnancy occurs from rape or incest, requiring victims to file a police report."

The state's high court issued the opinion under the leadership of Chief Justice Robyn Brody. Justices Richard Bevan and Justice Gregory Moeller joined Brody.

"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 wrote.

She added: "In fact, before Roe announced a federal constitutional right to abortion in 1973, abortion had been a long-standing criminal offense in Idaho."

"Applying that test to this dispute, the majority concludes there is no support for a conclusion that a right to abortion was 'deeply rooted' at the time the Inalienable Rights Clause was adopted."

The justices wrote that Planned Parenthood wasn't able to prove that the right to abortion services was a part of Idaho's constitution in the "unalienable rights" category.

"The Idaho Supreme Court ruled the state constitution does not contain a right to abortion. We applaud this decision. This is a great day for our constitution, the rule of law, and the unborn. The abortion lobby’s assault on Idaho law will continue; I am prepared to defend Idaho," Idaho Attorney General Raúl R. Labrador tweeted.

"This Court’s solemn duty is to protect the people and their rights from encroachment by the government,” Idaho Justice John Stegner wrote in his dissent, with Justice Colleen Zahn joining him. “That duty has gone unfulfilled today, and it is the people of Idaho who will suffer for it."

Undoubtedly the pro-abortion crowd took a massive loss in this ruling, and hopefully, other red states will follow Idaho's lead on the matter.

Written By:
Ryan Ledendecker

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