Planned Parenthood Great Northwest v. State

Docket number
49615-2022, 49817-2022, 49899-2022

Plaintiffs claim that abortion ban violates the state constitution’s 1) separation of powers doctrine (Art. II, § 1), 2) prohibition on special legislation (Art. III, § 19), 3) guarantee of informational privacy (Art. I, §§ 1, 2, 17, 21), 4) guarantee of due process — prohibition on excessive and vague penalties (Art. I, § 13), 5) guarantee of equal protection (Art. I, §§ 1, 2), and 6) fundamental right to privacy in making intimate familial decisions (Art. I, §§ 1, 13, 17, 21). After the Idaho Supreme Court temporarily blocked the ban, it later allowed the ban to take effect pending a decision on the merits. The Court then declined to permanently block the ban, reasoning that the Idaho Constitution does not implicitly provide a fundamental right to an abortion because such a right is not “deeply rooted” in the state’s traditions and history.

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