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Blog Article

Idaho Complete Abortion Ban Set to Take Effect

July 28, 2022/in Idaho Healthcare Law, State Law Updates

By Kim Stanger

On Tuesday, July 26, the United States Supreme Court formally issued its judgment in Dobbs v. Jackson Women’s Health Organization; accordingly, Idaho’s complete abortion ban is triggered and set to take effect on August 25, 2022, unless stayed by the Idaho Supreme Court.  The statute prohibits all abortions of a clinically diagnoseable pregnancy except (i) as necessary to save the life of the mother, or (ii) in the case of rape or incest provided that the rape or incest is reported to law enforcement and a copy of the report is given to the physician before the abortion.  (Idaho Code 18-622).  Violations may result in criminal penalties of at least $5,000, from 2 to 5 years in prison, and suspension or revocation of the physician’s license.

The Idaho Supreme Court has scheduled a hearing concerning the triggered law for August 3, 2022.  Stay tuned…

For more information about Idaho’s abortion scheme and additional requirements for abortions, see our Frequently Asked Questions at https://www.hollandhart.com/idaho-abortion-laws-frequently-asked-questions.

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This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.

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