Idaho Court Rejects State’s Attempt to Throw out Case Brought by Women Denied Abortions
A case seeking to expand the medical exceptions in Idaho’s abortion bans will proceed despite the state’s attempt to dismiss the case
12.29.23 (PRESS RELEASE) – Today, an Idaho Court ruled that a lawsuit filed by the Center for Reproductive Rights on behalf of four women who were denied abortions despite severe pregnancy complications (Adkins v. State of Idaho) can continue to trial. This ruling comes just two weeks after the story of Kate Cox captured national attention—a Texas woman in a similar situation who was denied abortion care in her state. The Idaho court heard arguments on the State’s request to dismiss the lawsuit last month and today affirmed that the case will proceed. In addition to the four patients, plaintiffs in the case include an Idaho OB-GYN, a family medicine physician, and the Idaho Academy of Family Physicians (IAFP). You can read more about each plaintiff here.
“We’re grateful the court saw through the State’s callous attempt to ignore the pain and suffering their laws are causing Idahoans. Now the State of Idaho will be forced to answer to these women in a court of law,” said Gail Deady, Senior Staff Attorney at the Center for Reproductive Rights. “After hearing what these women have gone through, the State quite literally filed paperwork to dismiss them and throw them out of court. Idaho’s abortion bans are wreaking havoc on families across the state, jeopardizing the lives and health of pregnant people, and pushing the entire maternal health care system to the brink of collapse. This is not sustainable, this is not ethical, and this certainly is not health care. In every state where abortion is banned, pregnant people are suffering.”
Across the country, there are now 14 states that have total abortion bans with only very narrow exceptions. Adkins v. State of Idaho was filed by the Center for Reproductive Rights in September 2023, asking the court to clarify what circumstances qualify under the “medical emergency” exceptions in Idaho’s abortion bans. In addition to Idaho, the Center has filed similar cases in Texas, Tennessee, and North Dakota. In Oklahoma, the Center filed an EMTALA complaint after a patient was denied an urgently needed abortion at an emergency room.
The confusing language and non-medical terminology in these bans have left doctors uncertain when they are legally able to provide abortion care. It’s unclear how sick or near-death a patient must be before a doctor can intervene, or whether abortion is permitted when the fetus has a fatal condition.
The confusion and chaos created by these bans has resulted not only in patients fleeing the state, but doctors as well. This exodus of ob-gyns is creating maternal health care deserts throughout Idaho, with some pregnant people driving over four hours just to reach a hospital with a labor-and-delivery unit. Since the bans took effect, two Idaho hospitals have closed their labor-and-delivery centers due to physicians resigning over Idaho’s restrictive abortion bans.
The lawsuit was filed by the Center, O’Melveny & Myers LLP, and Nevin, Benjamin & McKay LLP on behalf of plaintiffs Jennifer Adkins; Jillaine St.Michel; Kayla Smith; Rebecca Vincen-Brown; Emily Corrigan, M.D.; Julie Lyons, M.D.; and the Idaho Academy of Family Physicians. Defendants in the case are the State of Idaho, Attorney General Raul Labrador, and the Idaho Board of Medicine.
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