Opposing sides react as Federal Judge Blocks key portions of Idaho’s Abortion Ban

BOISE, Idaho (KIFI) — State leadership and advocacy groups are reacting after a U.S. District Judge ruled key portions of Idaho's near-total abortion ban unconstitutional, blocking major parts of the law from being enforced.

In an 81-page decision, U.S. District Court Judge B. Lynn Winmill ruled that the 14th Amendment protects a "narrow but fundamental right to abortion" when a pregnancy threatens a woman’s life, physical health, or poses a severe risk of self-harm.

“By banning health-preserving abortion, Idaho attempts to deny this fundamental right on the basis that the threat of harm comes from a fetus, which depends on the woman for survival,” Winmill wrote. “But a pregnant woman’s health is not a state resource to be allocated at the legislature’s whim."

Reactions to the Decision

The Christian-based Idaho Family Policy Center (IFPC)—which originally drafted Idaho’s abortion restrictions, known as the Heartbeat Law and the Defense of Life Act—quickly denounced the decision.

However, the organization highlighted that the court order denied attempts by abortion advocates to expand legal access in cases involving pregnancies with twins or triplets or for babies with disabilities.

"It’s important to recognize that the civil cause of action in the Heartbeat Law still remains in effect—meaning that any physician who performs an abortion that is prohibited by the Heartbeat Law can still be liable for breaking the law," said Blaine Conzatti, president of the Idaho Family Policy Center. "And doctors should take note: The IFPC Legal Center stands ready to hold doctors accountable who illegally perform abortions."

On the campaign trail, Idaho Democratic gubernatorial candidate Terri Pickens argued the ruling illustrates why further action is needed at the ballot box, pointing to the upcoming Reproductive Freedom and Privacy Act initiative.

"While I appreciate Judge Winmill’s ruling that doctors should be allowed to save women’s lives by providing abortion care–in a narrow set of circumstances likely to be debated and eventually prescripted by the same legislators who bully librarians, outlaw science in classrooms, and attack public school teachers–this moment highlights just how deeply into our personal decisions state government has reached," stated Pickens.

Pickens urged residents to take their concerns to the voting booth, noting that Idaho’s attorney general has already signaled plans to appeal Judge Winmill’s ruling.