IDAHO, USA — An Idaho judge on Friday partially denied the state's request to totally dismiss the Adkins v Idaho lawsuit. The judge also ruled that the Idaho governor, attorney general and board of medicine are not proper defendants and instead left the state as the only defendant.
The lawsuit – filed by three individuals, two doctors and the Idaho Academy of Family Physicians (IAFP) – claimed that Idaho abortion laws forced women having pregnancy complications to seek care out of state, the law keeps the doctors from providing care to patients and that the laws are "government overreach."
The state had filed a motion to dismiss the case earlier this month, Ada County District Court Judge, Jason D. Scott, did not dismiss the whole case and allowed two claims to proceed.
The judge allowed claims one and three to proceed. The first claim wants a judgment on whether a doctor can provide an abortion, "when the physician determines, in their good faith judgement and in consultation with the pregnant person, that the pregnant person has an emergency medical condition that poses a risk of death or a risk to their health.”
The second claim allowed through is in regard to seeking another declaratory judgement, stating that the Idaho Constitution entitles pregnant women to abortion care if a woman has an "emergent medical condition," and also wants an injunction to keep Idaho's abortion laws from being enforced in that kind of situation.
The judge furthered that the plaintiffs can file an amended complaint within 21 days. The next hearing is scheduled for Oct. 24, 2024.
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