An Idaho court ruled that a lawsuit seeking to clarify when physicians may perform abortions legally can move ahead — at least in part.
The lawsuit, filed in September, asked the court to determine when doctors are able to perform abortions, as Idaho’s current law includes exceptions only to preserve the life of the pregnant person and in instances of rape or incest that have been reported to police. Plaintiffs in the lawsuit include Idaho physicians and four women who had to travel out of state for procedures after experiencing dangerous pregnancy complications.
Shortly after the lawsuit was filed, the defendants — the state of Idaho, Attorney General Raúl Labrador, Gov. Brad Little and the Idaho Board of Medicine — moved to dismiss the case entirely.
On Friday, 4th District Court Judge Jason D. Scott ruled that Little, Labrador and the board could be removed from the case, as they would be legally bound to comply with any any ruling applied to the state. Scott wrote in his decision that Labrador potentially could be reinstated as a defendant if the plaintiffs can show that he’s likely to start prosecuting people under Idaho’s abortion ban.
