Idaho Supreme Court Upholds Abortion Ban Protecting Unborn Babies
January 6, 2023 | 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.”
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…. (Excerpt from The Epoch Times)