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Doctors testify in trial over Idaho's near-total abortion ban

The lawsuit at the center of the trial aims to add and clarify medical exemptions listed under state law.

BOISE, Idaho — Testimony against Idaho's strict abortion laws continued Wednesday at the Ada County Courthouse.

The lawsuit at the center of the trial aims to add and clarify medical exemptions listed under state law. The Center for Reproductive Rights sued on behalf of two doctors, four women who went out of state for an abortion after being denied one on in Idaho, and the Idaho Academy of Family Physicians.

Abortions in Idaho are only legal in cases of rape, incest and to prevent the death of the mother. 

Doctors who took the stand told the judge the laws are confusing and stop them from providing medically necessary care.

They are afraid of losing their licenses, facing thousands of dollars in fines and possible prison time. 

That includes Mountain Home Dr. Nichole Aker, who is also an IAFP member. She got emotional talking about how the laws have impacted her.

"One of the things I love most about my job is delivering babies and helping families grow," Aker said. "But I think about my own kids, and I think about the risk that I'm putting them in by continuing to do what I do, and I wonder if it's worth it. As a family medicine doctor, I don't have to do this work. But if I don't do it … there's even fewer resources for patients."

Saint Alphonsus OB/GYN Emily Corrigan also took the stand. She testified for several hours on Tuesday as well. 

She said Idaho's laws force high-risk patients out of state for abortions, often putting them in danger by traveling for hours without a hospital nearby. 

"When I educate patients about what the laws say, they are very disappointed, frustrated and scared," Corrigan said. "That is probably – those conversations have been the most difficult I have had to had in my entire career."

Corrigan also told the judge hospitals and clinics have a hard time retaining and recruiting doctors that provide obstetric care. 

The state pushed back during cross examination, which led Corrigan to say no Idaho doctor has been prosecuted or faced professional discipline for providing an abortion since the Defense of Life act went into effect two years ago.

Plaintiffs are not asking the court to allow abortions in all circumstances, just in three situations: 

  • When a pregnant person has a medical complication that poses a risk of infection, bleeding or makes it unsafe to continue the pregnancy. 
  • When a pregnant person has a medical condition made worse by pregnancy, cannot be treated effectively or requires recurrent, invasive intervention.
  • When the fetus is unlikely to survive the pregnancy or birth.

The state said during opening arguments it is not the court's place to write exceptions into law, saying it would usurp the will of the people.

Trial picks back up Thursday morning. It is expected to wrap up sometime next week with the judge making a decision at a later date.

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