BOISE, Idaho — The controversy around Idaho's abortion laws continues. On Tuesday, the State of Idaho filed a motion to dismiss the Center for Reproductive Rights lawsuit.
The original lawsuit, filed on behalf of four women and two doctors, argues state laws put the women in danger by preventing local doctors from providing abortions to treat their unsafe pregnancies.
New court documents explain why the defendants — the State of Idaho, Gov. Brad Little, Attorney General Raúl Labrador, and the Idaho State Board of Medicine — want the case dismissed.
Using court precedent from a previous case, the motion to dismiss states the Center for Reproductive Rights does not have grounds to sue because Idaho's Supreme Court already ruled the state constitution does not contain a right to abortion.
However, Gail Deady, Center for Reproductive Rights attorney, said their opponents are missing the whole picture.
"The Attorney General's Office has fundamentally misconstrued plaintiffs' claims in this case and has conveniently ignored that under the Idaho constitution, every Idahoan has an inalienable and fundamental right to enjoy life and to pursue happiness and to secure her safety," Deady said.
A spokesperson with the AG's office said they cannot comment on pending litigation. KTVB reached out to the other defendants but did not hear back.
A judge is set to hear the motion in December. The trial will likely happen in November 2024.
The Center for Reproductive Rights is also taking legal action against several other states over abortion laws put in place after the Supreme Court overturned Roe v. Wade in 2022.
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