Jennifer Adkins of Idaho, who said she faced a complicated pregnancy, is suing the state over its near-total abortion ban. (Courtesy of the Center for Reproductive Rights)
An Ada County judge heard arguments on Wednesday whether to end a lawsuit aimed at clarifying Idaho’s abortion ban.
Idaho has a total ban on abortions, with exceptions for rape and incest in the first trimester with a police report. Doctors can also provide an abortion to prevent a patient’s death, but not to preserve their health. This means even if a pregnant patient faces organ loss, paralysis, or loss of fertility, they still would not be able to seek an abortion in the state.
The lawsuit, Atkins v. State of Idaho, was filed in September 2023. It is named after the lead plaintiff, Jennifer Atkins, who sought an abortion in Oregon after her 12-week-old fetus was diagnosed with a condition that would have resulted in a miscarriage or stillbirth, and likely jeopardized her own health.
Her fetus had 1% chance of survival. Idaho’s ban forced her to travel for an abortion.