Idaho Court Upholds State’s Defense of Life Act

BOISE - Attorney General Raúl Labrador announced a legal victory for mothers, for life, and for the medical professionals entrusted with the care of women and the unborn. The Fourth Judicial District Court issued a ruling that confirms Idaho's abortion laws are constitutional and do not prohibit doctors from saving the lives of women in jeopardy.

In Adkins v. State of Idaho, the court reaffirmed that the Idaho Constitution does not contain a right to abortion, rejecting arguments to create one where none exists. The court also reaffirmed that physicians are not subject to criminal penalties under the Defense of Life Act when they follow the law's plain terms-exercising their good faith medical judgment to determine that an abortion is necessary to prevent a woman's death, even if her death is not imminent or certain. Consistent with Idaho law, the court reiterated that such care must, where feasible, use a method that offers the unborn child the best chance of survival.

"While we still disagree with portions of the ruling, it confirms what my office has argued in courts from Boise to Washington, D.C.-that Idaho's abortion laws are constitutional and protect both unborn children and their mothers." said Attorney General Labrador. "Idaho law has never required doctors to wait until a woman's death is certain or imminent before performing an abortion."

The Attorney General's Office remains committed to defending Idaho's life-affirming laws with clarity and compassion-and will continue working to ensure they are fully understood, properly applied, and upheld in every forum where they are challenged.