Virtually all abortions are likely to be outlawed sooner or later in the conservative state of Idaho, as well as in most other Republican-ruled states, but there are still battles to be fought in the courts and perhaps in the legislature, due to because abortion rights advocates continue to try to resist what might be inevitable.
On Wednesday, attorneys for a doctor, a regional Planned Parenthood affiliate and the state government appeared before the Idaho Supreme Court to argue whether a series of bans can apply this month. But even if abortion-rights advocates win, state lawmakers might adopt new bans.
The legal and political landscape has changed almost daily since the US Supreme Court’s June 24 ruling that overturned the 1973 Roe v. Wade decision and allowed states to determine whether to authorize termination of pregnancy.
Abortion groups won what may be their biggest victory since the nation’s highest court ruling Tuesday, when Kansas voters overwhelmingly rejected an amendment to the state Constitution that would have allowed lawmakers to impose restrictions on abortion, or even ban it. The conservative state was the first in the country to hold an abortion referendum since the Roe v. Wade ruling was overturned.
And on Wednesday, a Michigan judge extended an order barring county prosecutors from enforcing a 1931 abortion ban in that state until at least Aug. 17.
In eight states of the country, abortion is prohibited at any stage of pregnancy, and in another five it is prohibited as soon as the cardiac activity of the embryo is detected, which generally occurs around six weeks of gestation. And most or all clinics have stopped offering abortion services in a handful of states due to legal uncertainty.
Abortion-rights groups, which have spent decades in the courts trying to preserve access, continue the fight even in places like Idaho, where they are unlikely to prevail in the long term.
In several cases, judges have stayed enforcement of the bans, allowing some abortions to continue, at least for a while.
In Kentucky, where enforcement of a ban has been suspended and resumed multiple times since June, the ban was allowed to resume with a ruling Monday.
And in Louisiana, there were regarding 610 abortions per month in 2021. With the change in status, 249 were reported from June 24 to July 29. While that’s far less than normal for that period, the court fight did allow access to the procedure for some patients.
Rachel Sussman, vice president of state policy and advocacy for Planned Parenthood, said the goal is to remove all barriers to abortion access, but partial victories can help women, too. “We are going to fight for whatever access we can maintain,” she said.
