The Idaho Supreme Court determined that “the plaintiffs also didn’t have enough evidence that they had a ‘clear right’ to a remedy, or that they were likely to win on the merits of the case.”
Justice Robyn Brody wrote for the majority in the court's decision to allow the law to take effect. “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.” She added, “In fact, before Roe announced a federal constitutional right to abortion in 1973, abortion had been a longstanding criminal offense in Idaho.
She later writes, “In short, given the legal history of Idaho, we cannot simply infer such a right exists absent Roe without breaking new legal ground, which should only occur after the matter is finally submitted on the merits.”
Oral arguments for the three lawsuits—which have been consolidated into one— are scheduled for September 29.
In a separate lawsuit, the Biden administration sued Idaho and requested that the law be put on hold for supposed violation of the Emergency Medical Treatment and Labor Act.
