Politico
The Idaho Supreme Court upheld multiple state laws prohibiting abortion in the state on Thursday, ruling that there is no implicit right to abortion in the state’s constitution.
In a 3-2 decision, the court ruled that three state laws — prohibiting abortion at conception and after six weeks of pregnancy, as well as a Texas-style civil enforcement measure — are constitutional as the state has a “legitimate interest in protecting prenatal fetal life in all stages of development, and in protecting the health and safety of the mother.”
Under the Idaho ruling, abortion will remain prohibited in most cases except if necessary to save the pregnant person’s life or in cases of rape and incest.
Justice Robyn Brody, who wrote the majority opinion, rejected arguments from abortion-rights proponents that the right to abortion is implied in the state’s constitution — saying that to do so there must be evidence that the right was “deeply rooted” in the state’s history and traditions at the time it was written.
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