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Red State Supreme Court Drops the Gavel – Rules New Trigger Law Is Constitutional in Idaho
By Ben Dutka|January 6, 2023
Red State Supreme Court Drops the Gavel – Rules New Trigger Law Is Constitutional in Idaho

Roe v. Wade has been erased and the Biden administration isn’t happy about it. Most Democrats and left-wing citizens have been raging about the Supreme Court decision since it happened last year.

Now that the issue is mostly up to states, we’ve seen massive differences between red states and blue states. Republican-dominated states clamped down hard, throwing “trigger laws” into effect.

And as far as one red state is concerned, it’s absolutely constitutional — and the ban can stay.

Idaho has been a conservative bastion for some years now, and it was one of several states to issue a near-total ban on abortion after the Supreme Court overturned Roe v. Wade.

Unsurprisingly, organizations like Planned Parenthood immediately pushed back with lawsuits, claiming the bans were unconstitutional and shouldn’t be allowed to exist.

However, at least in Idaho, that argument has been struck down. And it’s a significant victory for pro-life advocates everywhere.

Via The Washington Examiner:

The Idaho Supreme Court upheld the state’s near-total abortion ban, marking the latest legal success for state trigger laws after a federal right to abortion was dismantled last year.

The law that’s now on the books says a mother can only get an abortion if her life is in danger, or if the pregnancy happens due to rape or incest. And in the latter instances, a police report is required.

To many, this seems like a perfectly logical rule. But Planned Parenthood, which challenged this trigger law, claimed the person’s right to choose was part of the state constitution.

Not so, says Chief Justice Robyn Brody. As Brody wrote in the ruling:

What Petitioners are asking this Court to ultimately do is to declare a right to abortion under the Idaho Constitution when—on its face—there is none.

In fact, before Roe announced a federal constitutional right to abortion in 1973, abortion had been a long-standing criminal offense in Idaho.

The ruling confirmed that after examining the state constitution, “there is no support for a conclusion that a right to abortion was ‘deeply rooted’ at the time the Inalienable Rights Clause was adopted.”

Biden’s Justice Department also filed a lawsuit against Idaho last August, claiming the ban violated the Emergency Medical Treatment and Labor Act.

However, that ban will remain in effect in the state. Idaho joins states like Arkansas, Kentucky, Missouri, South Dakota, and Texas with abortion trigger bans, and they’re all havens for pro-life supporters.

As long as the abortion issue remains with the states, though, it’s very likely that more legal challenges will arise.

Key Takeaways:

  • The Idaho Supreme Court ruled that the new abortion ban doesn’t violate the state constitution.
  • Chief Justice Robyn Brody reminded us that before Roe v. Wade, “abortion had been a long-standing criminal offense in Idaho.”
  • The ruling stated that there is “no support” for the plaintiff’s challenge.

Source: Washington Examiner

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Ben Dutka
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
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