BOISE, Idaho — A year-long legal battle over Idaho's near-total abortion ban continued in the Ada County Courthouse Wednesday afternoon.
A judge considered the State of Idaho's motion for summary judgment filed in August, asking him to throw the "Adkins v. Idaho" out during a hearing.
"They have not presented an actual case before the court," said James Craig, an attorney for the State. "There are no actual patients in Idaho who claim to need an abortion right now that is prohibited in Idaho's law."
Abortions are only legal in Idaho in cases of rape, incest and to prevent the death of the mother.
The Center for Reproductive Rights filed the lawsuit last fall on behalf of several women, doctors and the Idaho Academy of Family Physicians.
"This is now the second time that the state it trying to have the case thrown out without going to trial," said Gail Deady, senior staff attorney for the center.
The suit claims Idaho's near-total abortion ban forces women with pregnancy complications to get care out of State.
It calls Idaho's abortion laws government overreach and states they prevent doctors from providing adequate care for people like Jennifer Adkins.
Adkins had an out-of-state abortion after a non-viable pregnancy she said could have put her life in danger.
"They just said we really can't help you anymore because of the bans," she said.
Craig argued Adkins and the other people suing do not have standing. He said Idaho's laws are not vague, and the case is based on "hypothetical medical situations."
"It's not certainly impending that they are going to have a repeat of that situation. That they are going to 1) get pregnant again, 2) have a medical situation similar to the one before, and 3) they are going to need an abortion again in the future," he said. "They can't show it's certainly impending; they can't show it's likely; they can't show standing for the future relief that they are looking for."
Adkins pushed back in her interview with KTVB afterward.
"This is upsetting that you that you were trying to brush us off and sweep us under the rug when you know clearly this has happened to us in the past, and you know saying that we're not at risk of that happening again is just not accurate," she said.
The judge did not say when he will make a decision. The trial is set to start in mid-November.
Craig said he plans on filing a motion asking to postpone the trial on Thursday. But ideally, the State wants the judge to dismiss the case.