July 28, 2022

Idaho Complete Abortion Ban Set to Take Effect

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.