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Reproductive rights advocates rally outside of Idaho statehouse, after Idaho Supreme Court hearing on abortion laws

For nearly an hour, the court heard arguments over reproductive freedoms and the legitimacy of the abortion laws recently passed in the gem state.

BOISE, Idaho — In the next couple of weeks, five justices from Idaho's Supreme Court will likely decide whether abortion will become illegal in the Gem State.

Wednesday morning, the court heard arguments from Planned Parenthood, which originally filed multiple lawsuits against the state over its abortion laws, and those defending the laws, including the Attorney General's office and the outside counsel representing the legislature.

For nearly an hour, the court heard arguments over reproductive freedoms and the legitimacy of the abortion laws recently passed in the Gem State. Two of the three lawsuits from Planned Parenthood were heard in court.

The court had previously paused one of those lawsuits, which was against the state's trigger law that banned most abortions in the state and was modeled off Texas's abortion ban.

Planned Parenthood is arguing that the new laws are written too vague.

"Take the first offense, which is available when an abortion is 'necessary to prevent the death of a pregnant woman'," Alan Schoenfield, Attorney for Planned Parenthood said. "That language gives no indication of how imminent or substantial the risk of death must be in order for the provider to feel confident that he can provide an abortion without risking prosecution, jail or professional sanction."

Meanwhile, the Attorney General's Office pushed back, saying the laws are not vague at all.

"The statute says that, 'only the physician in his good faith medical judgment needs to determine whether the abortion is necessary to prevent the death of pregnant woman'," Megan Larrondo, Deputy Attorney General said. "This provision on a facial challenge sets the standard and gives the physician the discretion to decide whether that standard has been met."

That decision is in the hands of Idaho's Supreme Court Justices who could decide to send the two lawsuits to a lower court, or put a stay on the lawsuits while legal proceedings continue.

Around the state, lawmakers reacted to Wednesday's arguments. 

Republicans, including one of the bill's sponsors, echoed much of what the state had already argued.

"I believe the legislation is very clear," Megan Blanksma, (R) Hammett, said. "And one of my pet peeves that what's been going on is that the left has really been using a lot of talking points that are completely inaccurate when it comes to the bill."

While some Democrats said watching the hearing was a very emotional experience.

"As I sat there, I'm thinking of women. Hundreds of stories that I have listened to. Experiences, especially victims of violence and incest, and that everything is right on the steak today," Melissa Wintrow, (D) Boise, said. "My stomach was turning."

However, as Idahoans await the court's decision, many are working to make sure their voices are still heard, no matter the outcome.

"The whole premise of this country is we wanted to have a say in what was going on, like taxation, all of that. We wanted to have a say," said Sylar Williams, an abortion rights advocate. "You don't get a say if you don't say anything at all."

Hundreds of abortion rights advocates joined Williams in making their way to the state capitol steps Wednesday night, telling Idahoans to use their voice by voting.

"If you're registered to vote, set a reminder to get out to the polls or request an absentee ballot," Yvonne Shen, a speaker and organizer said. "If you're like me and you're not old enough yet, make sure your family and friends are registered to vote and make sure they actually get out and do it."

The Idaho Supreme Court has three options; they can pause the pending abortion laws and continue legal review, rule there is no reason to prevent the laws from going into effect and allow them to be set later this month, or pass the question over the laws' constitutionality to the district court.

It is unclear when the justices will make a decision about the two abortion laws on the books, but the conversation on reproductive rights in Idaho continues.

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