Trial begins over Idaho’s medical emergency abortion exceptions

BOISE, Idaho (KBOI) — Four women are suing Idaho after being denied abortions. A trial began in the Fourth District Court in Boise on Tuesday.

The Center for Reproductive Rights filed the lawsuit on behalf of the four denied abortions despite facing serious pregnancy complications. 

The plaintiffs are seeking two things: a judgment that eliminates the uncertainty in the exceptions by declaring when physicians can provide abortion care, and upholding the constitutional rights of Idahoans guaranteed in the Constitution, including the rights to enjoy and defend life, pursue happiness, and secure safety.

After opening statements, the plaintiffs called their first witness, Jennifer Adkins.  She talked about having concerns about Idaho's abortion ban after having her first child. During her second pregnancy, Adkins says her fetus had Turner Syndrome and was unlikely to survive.

Adkins said doctors also warned her she was at high risk of Mirror Syndrome, which causes a pregnant mother's body to develop symptoms that model those of her deteriorating fetus. Adkins said she was given the news during an ultrasound.

"My understanding was that because my baby had a heartbeat, I could not get an abortion in Idaho," Adkins said.

Adkins says medical providers gave her a piece of paper with a list of providers she could call out of state. They also gave her information on bereavement and a miscarriage kit.

Adkins says she decided to seek an abortion in Portland.

"We made that decision because it felt like the most compassionate decision to make for our baby who was not going to survive and because we had an 18-month-old son and that I needed to be here and healthy and able to care for him," Adkins said.

Adkins talked about needing financial assistance for the abortion.

She concluded by saying she had a successful third pregnancy and delivered a healthy baby boy.

Attorneys for the state had little cross-examination for Adkins.

The court also heard from a woman who had a similar situation as Adkins. She moved out of state and said she doesn't want to raise her children in Idaho because of its abortion ban.

Another woman testified she was denied care after learning the fetus had multiple deadly conditions and was not expected to survive.

During the state's opening statements, attorneys argued against the plaintiff’s claims, saying Idaho law doesn't support plaintiffs’ theory on abortions.

 Attorneys also argued the State Supreme Court ruled Idaho's law aims to protect the unborn's life when there is some chance of survival.

Testimony from the plaintiffs continues Wednesday.

Boise-based doctor Emily Corrigan also testified Tuesday.  She said she is concerned about the EMTALA injunction continuing after the recent presidential election. Dr. Corrigan testified she is concerned the U.S. Department of Justice will drop the case before a final ruling.

In late June 2024, the Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act, an exception to Idaho’s abortion ban.