After Roe Fell: U.S. Abortion Laws by State

Illegal

Idaho

Idaho is enforcing its trigger ban, which criminalizes all abortion with limited exception.

State Legal Details

Bans in Effect

  • Gestational Ban, 6-week LMP
  • Gestational Ban, Total Ban
  • Gestational Ban, Viability
  • Method Ban
  • Private Right of Action Ban
  • Telemedicine Ban
  • Trigger Ban

Bans Enjoined

  • Criminalization of Self-managed Abortion
  • Gestational Ban, 22-week LMP
  • Method Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Parental Involvement, Parental Consent Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

State Protections

Idaho law does not include express constitutional or statutory protections for abortion.1 To the contrary, the Idaho Supreme Court found that the state constitution does not protect abortion and various abortion bans are rationally related to legitimate government interests.2

Restrictions

On August 25, 2022, Idaho began enforcing its trigger ban, which prohibits abortion at all stages of pregnancy, with exceptions for the life3 of the pregnant person and for survivors of rape and incest who have reported the incident to law enforcement,4 following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.5 In 2023, the state narrowed the rape and incest exceptions to apply only during the first trimester.6 In 2025, the statewide injunction blocking enforcement of the near-total ban because of preemption by the federal Emergency Medical Treatment and Labor Act (EMTALA) was dissolved when the court dismissed the litigation at the request of the state of Idaho and the federal government under a new administration.7

Idaho has not repealed other laws related to abortion. Idaho retains a gestational ban at  6-weeks LMP.8 Idaho also prohibits abortion after viability,9 the state retains a ban after twenty weeks post-fertilization; however, this ban is enjoined.10

Idaho prohibits D&X procedures.11 Idaho law requires pregnant people to undergo a mandatory twenty-four-hour waiting period, and biased counseling,12 and has prohibitions on public funding13 and private insurance coverage.14 State law also includes criminal penalties for people who self-manage their abortions, but this last provision is permanently enjoined.15 Idaho continues to require that a parent or legal guardian consent to a minor’s abortion;16 alternatively, a judge can approve a minor’s abortion without parental consent.17 In 2023, Idaho enacted a law that criminalizes assistance to a minor who leaves the state to access abortion care.18 The provisions of the law that prohibit providing information to minors are temporarily blocked,19 but the provisions that prohibit transporting or sheltering minors are in still in effect.20

Idaho retains targeted regulation of abortion providers (TRAP) laws  that include requirements related to facilities, which was held to be unconstitutional,21 and reporting.22 Idaho law continues to restrict the provision of abortion care to licensed physicians23 and restricts the use of telemedicine for medication abortion.24 In 2023, the Attorney General of Idaho interpreted state law as prohibiting providers from providing referrals and information about abortion care in other states,25 but this interpretation is subject to a preliminary injunction.26 Providers who violate Idaho’s abortion restrictions may face civil and criminal penalties.27

Historical Restrictions

Idaho repealed its pre-Roe ban in 1973.28

Conclusion

Now that the Supreme Court has overturned Roe, Idaho is enforcing its trigger ban, which criminalizes abortion.

  1. Idaho Code § 18-601. ↩︎
  2. Planned Parenthood Great Northwest v. State, 522 P.3d 1132, 1195 (Idaho 2023). ↩︎
  3. In 2025, an Idaho state district court held that the life exception in the abortion ban allows abortions to be provided when an existing medical condition or pregnancy complication would create “a non-negligible risk of dying sooner without an abortion” even if death was neither imminent nor assured. Adkins v. Idaho, Case. No. CV01-23-14744, 2025 WL 1148465, at *14 (Idaho 4th Dist. Apr. 11, 2025); see also Ctr. Reprod. Rts., Medical Emergency Exceptions to Idaho’s Abortion Ban: Adkins v. State of Idaho, https://reproductiverights.org/cases/adkins-v-state-of-idaho/. ↩︎
  4. Idaho Code § 18-622(1)(a) (2022) (stating that the ban will take effect thirty days after “the issuance of the judgment…of the United States supreme court” which occurred July 28, 2022); Planned Parenthood Great Northwest v. State,532 P.3d 801, 804 (Idaho 2022) (denying petitioner’s request to stay enforcement of ban); Planned Parenthood Great Northwest v. State, 522 P.3d 1132, 1197 (Idaho 2023) (finding the trigger ban and other state abortion bans constitutional). ↩︎
  5. Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019), rev’d Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022). ↩︎
  6. Idaho Code §§ 18-604, 18-622(2)(b). ↩︎
  7. See Moyle v. United States, 603 U.S. 324 (2024) (vacating the stay of the injunction blocking enforcement of Idaho Code § 18-622(2)(a)(i)); United States v. Idaho,131 F. 4th 78 (9th Cir. 2025) (dismissing appeals pursuant to parties’ stipulation of dismissal). ↩︎
  8. Idaho Code §§ 18-8804, 18-8807. This law was modeled on Texas S.B. 8, effective in 2021 and codified at Tex. Health & Safety Code Ann. §§ 171.201–171.212 (the “Texas Heartbeat Act”), and is enforced through a private right of action. ↩︎
  9. Idaho Code § 18-608(3). ↩︎
  10. Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky v. Idaho, No. 49615-2022, 2022 WL 1438870 (Idaho Apr. 8, 2022) (order staying S.B. 1309); McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013), aff’d sub nom. McCormack v. Herzog, 788 F.3d 1017 (9th Cir. 2015); Idaho Code § 18-505. ↩︎
  11. Idaho Code § 18-613. ↩︎
  12. Idaho Code § 18-609(2), (4)–(5). ↩︎
  13. Idaho Code § 56-209c; Idaho Admin Code r. 16.03.09.511; Idaho Code § 18-8701 et. seq. ↩︎
  14. Idaho Code §§ 41-3439, 41-3924, 41-1848. ↩︎
  15. Idaho Code § 18-606(2), invalidated by McCormack v. Hiedeman, 900 F. Supp. 2d 1128, 1144 (D. Idaho 2013) (finding that the law subjected a pregnant person “to felony charges for obtaining an abortion unless she obtains the abortion from a physician according to statutory requirements” and was unduly burdensome. ↩︎
  16. Idaho Code § 18-609A(1). ↩︎
  17. Idaho Code § 18-609A(2). ↩︎
  18. Idaho Code §§ 18-623, 18-8807. ↩︎
  19. Idaho Code § 18-623; Matsumoto v. Labrador,122 F.4th 787, 795 (9th Cir. 2024), aff’g in part and rev’g in part, No. 1:23-cv-00323-DKG, 2023 WL 7388852 (D. Idaho, Nov. 8, 2023) (discussing the breadth of the statute’s provision on “recruiting”, which could overlap with First Amendment activities such as counseling, education about medical services and reproductive health care, and public advocacy promoting abortion access). ↩︎
  20. Matsumoto v. Labrador,122 F.4th 787 (9th Cir. 2024), aff’g in part and rev’g in part, No. 1:23-cv-00323-DKG, 2023 WL 7388852 (D. Idaho, Nov. 8, 2023). ↩︎
  21. Idaho Code § 18-608(1), invalidated by McCormack v. Hiedeman, 900 F. Supp. 2d 1128 (D. Idaho 2013), aff’d sub nom., McCormack v. Herzog, 788 F.3d 1017 (9th Cir. 2015). ↩︎
  22. Idaho Code § 18-506.. ↩︎
  23. Idaho Code § 18-608A. ↩︎
  24. Idaho Code § 18-617(2). ↩︎
  25. Idaho Code § 18-622(1); Planned Parenthood Great Northwest v. Labrador, 122 F.4th 825, 833 (9th Cir. 2024) (discussing the Attorney General’s opinion letter stating his view that Idaho law prohibits the referral of patients across state lines). ↩︎
  26. Planned Parenthood Great Northwest v. Labrador, 122 F.4th 825, 844 (9th Cir. 2024). ↩︎
  27. See, e.g., Idaho Code §§ 18-609G(2), 18-613, 18-622. ↩︎
  28. See 1973 Idaho Sess. Laws 442, ch. 197, § 2. ↩︎