Changes to Idaho’s abortion bans unlikely while legislators await court rulings

Idaho’s abortion ban laws appear set to remain unchanged by state lawmakers this year, as legislators await the result of lawsuits challenging the bans.

That’s despite Idaho doctors requesting an exception for mothers’ health — not just their lives — as many doctors say they struggle to know when to provide medical care under Idaho’s abortion bans, which doctors have said has resulted in patients being emergency air-lifted to other states.

In 2024, Idaho lawmakers held off on amending Idaho’s abortion ban while the U.S. Supreme Court considered a challenge by the Biden administration to Idaho’s abortion ban, Rep. Brent Brent Crane, R-Nampa, told the Idaho Capital Sun in April.

That approach — of holding off on changing the laws amid lawsuits — is likely to continue, Idaho Gov. Brad Little told reporters Friday at a legislative preview event by the Idaho Press Club.

“The legislators that I was involved with during that legislation, for the most part, have said they’re willing to look at it,” Little told reporters. “But I do think we need to have these legal challenges cleared out to where we know what all the scenarios are; there are different interpretations about what takes place at what time.”

The Supreme Court in a June ruling allowed emergency physicians in Idaho to provide abortion care without fear of prosecution, but returned the case to the 9th Circuit Court of Appeals. The 9th Circuit heard oral arguments in December.

Since President-elect Donald Trump secured a second term as U.S. president, the lawsuit’s future is unclear, the Idaho Statesman reported.

“Some of that litigation will survive the change in administration,” Little told reporters. “It might be handled differently by the (U.S. Department of Justice), but that litigation will go forward.”

Asked why waiting for the litigation to resolve is the right decision, Little said: “the emergency part of it might address part of that. I think that’s part of it. But … if those legislators that have talked to me about it want to work on it … I think we need more definition about what’s taken place to give more surety to the health care industry and to mothers about what the game plan is going forwards.”

Idaho has several abortion ban laws that, if violated, could allow doctors to be prosecuted and lose their medical licenses and even allow them to be sued for at least $20,000 by family members of a person who obtained an abortion.

Idaho’s ban contains an exception to save the pregnant patient’s life, but not to prevent detrimental health outcomes, including the loss of future fertility, which is a risk with severe infection or bleeding. Without further clarity written into the law, doctors have said they can’t confidently assess when to safely intervene to save someone’s life and what constitutes a “good faith” judgment, States Newsroom reported.

Idaho Republican officials — including Crane and Attorney General Raúl Labrador — have also said that attorneys are not being honest with doctors about how Idaho’s abortion bans work.

Idaho’s abortion law is clear, says House Speaker Moyle

Idaho House Speaker Mike Moyle, R-Star, told reporters later Friday that Idaho’s abortion law is clear. “If it’s life saving, you proceed with the procedure, right?” he said.

“The difference is the Biden administration started trying to say that EMTALA,” a federal law requiring hospitals deliver stabilizing health care to people experiencing emergencies, “included the health of the mother. They forgot to read the next sentence down that said the health — and it doesn’t say fetus, it doesn’t say unborn anything. It says the health of the unborn child,” Moyle said.

The debate now, he said, is figuring out the difference between the life of the mother and an emergency.

“Until we know where the courts are going to lie on that, it’s hard to proceed with a bill that … may make things worse. We don’t know,” Moyle said.

Idaho Senate Minority Leader Melissa Wintrow, D-Boise, told reporters she didn’t understand why Idaho lawmakers need the court to tell them anything.

“We’ve done so much to recruit doctors and residents and OB-GYNs to our state. And now what we have done the last couple years has basically just cremated all of that effort,” she said. “We need to make sure that we’re taking care of our pregnant moms. And we can’t be splitting hairs in a legislative room when an emergency is going on in a doctor’s office.”

Idaho Capital Sun is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.