Idaho Supreme Court Upholds Abortion Ban Protecting Unborn Babies

State   |   Steven Ertelt   |   Jan 5, 2023   |   8:27PM   |   Boise, Idaho

The Idaho Supreme Court has upheld the state’s abortion ban, issuing a 3-2 ruling indicating there is no right to kill babies in abortions.

“The Idaho Constitution does not contain an explicit right to abortion,” the decision summary reads. “We cannot read a fundamental right to abortion into the text of the Idaho Constitution.”

“To the contrary, the relevant history and traditions of Idaho show abortion was viewed as an immoral act and treated as a crime,” the opinion summary states. “Thus, we cannot conclude the framers and adopters of the Inalienable Rights Clause intended to implicitly protect abortion as a fundamental right.”

As the Idaho Press noted:

Justice Robyn Brody wrote for the majority, saying “…even if [plaintiffs have] carried their burden of demonstrating that irreparable harm will flow from immediate enforcement of the Total Abortion Ban, this alone cannot permit the extraordinary remedy [they] seek.”

The opinion says that the decision does not prevent further legislation to protect abortion but that it is not explicitly protected in the state Constitution.

The Idaho Family Policy center helped draft and push through both the “heartbeat bill” and the civil law that allows family members to sue abortion providers.


“As we have been saying for months, our Idaho Heartbeat law is constitutionally, scientifically, and morally sound. We were confident that our Heartbeat law would withstand judicial scrutiny, and today settles that debate once and for all,” policy center President Blaine Conzatti said in an emailed statement.

“Because of these two pro-life laws, thousands of Idaho babies will receive the opportunity to live their lives and reach their highest potential.

“I especially want to the legislative sponsors who worked tirelessly to protect these preborn children—Rep. Steven Harris and Sen. Patti Anne Lodge on the Heartbeat law, and Rep. Megan Blanksma and Sen. Todd Lakey on the Trigger law.

The pro-life movement has worked toward this day for decades with sweat, tears, and sacrifice. Today is a great day for precious preborn babies in Idaho!”

The majority of the court argued each of these laws passes a “rational-basis” review, which means the laws are rationally related to the “government’s legitimate interest in protecting prenatal fetal life at all stages of development,” the opinion, signed by Chief Justice Richard Bevan and Justices Robyn Brody and Gregory Moeller, states.

Justice Colleen Zahn, along with Justice John Stegner, dissented saying a pregnant woman has the right to end the life of her unborn child.

Now that the ruling has been issued, the abortion ban will go into effect, saving babies from abortions except in very rare cases of rape, incest or to protect the life of the mother.

As LifeNews reported, the Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.

Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.

Polls show Americans are pro-life on abortion and a new national poll shows 75% of Americans essentially agree with the Supreme Court overturning Roe.

Despite false reports that abortion bans would prevent doctors from treating pregnant women for miscarriages or ectopic pregnancies, pro-life doctors confirm that is not the case. Some 35 states have laws making it clear that miscarriage is not abortion and every state with an abortion ban allows treatment for both.