Idaho Court Says Women Can Get Abortions for Many Pregnancy Complications

04.11.25 (PRESS RELEASE) – Today, an Idaho state court issued a ruling broadening the medical exception to the state’s total abortion ban. The ban previously allowed for abortions only when necessary to prevent the death of the pregnant patient. Today’s ruling broadens that, allowing patients to access abortion care if they have a health condition or pregnancy complication that creates some risk that the patient may die at some point if they do not receive an abortion. Judge Jason Scoon Scott ruled that this exception should be interpreted broadly by doctors and could apply to numerous serious health conditions.

While people in these dire circumstances will now be able to safely receive abortion care in Idaho, the court ruled that pregnant people with lethal fetal conditions do not qualify under the ban’s exception, unless the fetal condition also poses a risk to the mother’s life. The court also ruled that people at risk of death from self-harm due to mental health conditions cannot access abortion care. Today’s ruling comes after the court heard testimony from the four women who brought the case, all of whom were denied abortions despite doomed pregnancies due to lethal fetal diagnoses. They were forced to travel hundreds of miles out of state for care.

“Pregnant Idahoans whose health is in danger shouldn’t be forced to remain pregnant, and we are glad the court recognized that today. But this decision leaves behind so many people, including some of the women who brought this case. No one should have to choose between carrying a doomed pregnancy against their will or fleeing the state if they can,” said Gail Deady, Senior Staff Attorney at the Center for Reproductive Rights. “Medical exceptions do not make abortion bans acceptable. Too many are suffering in Idaho and across the country. We will not give up until everyone has the freedom to make their own pregnancy decisions.”  

“It’s been an emotional rollercoaster hearing this decision. This cruel law turned our family tragedy into an unimaginable trauma. No one wants to learn that your baby has a deadly condition and will not survive, and that your own life is at risk on top of that,” said lead plaintiff Jennifer Adkins. “While I was able to leave the state for care, others may not be so lucky. We all deserve to feel safe and thrive as we try to grow our families. I hope to see a day where Idahoans can get the care we need, when we need it, right here with our trusted doctors.”

“Today’s ruling will help us preserve the health of some of our patients the way that we have been trained. But we will still be forced to turn people away, against our training as physicians,” said Dr. Emily Corrigan, OB-GYN based in Boise, Idaho and plaintiff in the case. “Abortion has long been part of the national standard of care offered to those with serious pregnancy complications, and it shouldn’t change just because of what state you are in. It is my duty to protect my patients and their health, and I will continue to advocate for all Idahoans seeking essential health care.” 

This ruling is all the more significant given the Trump Administration recently dismissed a case in Idaho originally filed under President Biden fighting for women to get emergency care at hospitals despite the state’s ban. Since that case was dismissed, doctors have been even more hesitant to provide abortion care, even in dire situations.

This lawsuit, filed by the Center for Reproductive Rights on behalf of four women denied abortions, multiple Idaho doctors, and an Idaho medical association, asked the court for clarity on what circumstances qualify under the “medical emergency” exception. The lawsuit also argues that the Idaho state constitution protects pregnant people’s health and lives, which includes the ability to obtain an abortion in dire situations. 

Pregnant Idahoans in dire situations have been forced to flee the state, if they are able, or wait until they are near death to get care. Because of the state’s bans and the looming threats of punishment, Idaho doctors have been leaving the state in droves, leading to some hospitals closing their labor and delivery units entirely. Since the bans took effect in 2022, nearly 1 in 4 OB-GYNs and six of the initial nine maternal-fetal medicine specialists have left Idaho.  

The Center for Reproductive Rights is dedicated to helping all people access abortion. If you have been denied care while facing pregnancy complications and want to speak to a lawyer about your options, please reach out to [email protected].

Adkins v. Idaho was filed by the Center for Reproductive Rights, 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 Idaho Academy of Family Physicians.

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