Supreme Court Blocks Idaho’s Abortion Law: Legal Impact

Background

In 2020, the Idaho legislature passed a law (S.B. 1309) banning abortions after six weeks of pregnancy, with no exceptions for rape or incest. The law was set to take effect on August 25, 2022.

Pro-choice advocates immediately challenged the law, arguing that it violated the Supreme Court’s precedent in Roe v. Wade (1973), which established a constitutional right to abortion before fetal viability.

Emergency Block by Supreme Court

On July 20, 2022, the Ninth Circuit Court of Appeals upheld the district court’s block on the Idaho law. The state of Idaho then appealed to the Supreme Court.

On August 25, 2022, the Supreme Court, in a 5-4 decision, declined to lift the lower court injunction, effectively allowing abortions to continue in Idaho for the time being.

Legal Significance

The Supreme Court’s decision is significant for several reasons:

• Preserves Roe v. Wade Precedent: The Court’s action preserves the legal framework established by Roe v. Wade, which recognizes a woman’s constitutional right to choose to have an abortion before fetal viability.
• Blocks Unconstitutional Law: The decision prevents Idaho’s six-week abortion ban from going into effect, which would have severely restricted access to abortion services in the state.
• Signals Future Court Action: The 5-4 vote suggests that the Supreme Court’s conservative majority may be reluctant to overturn Roe v. Wade outright but may be willing to chip away at its protections.

Dissenting Opinions

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett dissented from the Court’s decision. Thomas, in his dissent, argued that the Court should overturn Roe v. Wade and allow states to regulate abortion as they see fit.

Reactions

Pro-choice advocates praised the Supreme Court’s decision as a victory for women’s rights and reproductive freedom. Anti-abortion advocates expressed disappointment and vowed to continue fighting against abortion.

Idaho Governor Brad Little (R) said he was “disappointed” with the decision but would follow the law. He called for a “civil discussion” on the issue of abortion.

Next Steps

The Supreme Court’s decision is only a temporary stay. The Idaho law will remain blocked while the case proceeds through the courts. The Ninth Circuit Court of Appeals will hear oral arguments on the case in the coming months.

The outcome of the case could have implications for abortion access not only in Idaho but also in other states with restrictive abortion laws.

Legal Analysis

The Supreme Court’s decision raises several legal questions:

• Viability Standard: The Court upheld the injunction based on the “undue burden” standard established in Planned Parenthood v. Casey (1992), which prohibits states from placing “substantial obstacles” in the path of women seeking abortions.
• Fetal Personhood: The Idaho law argued that life begins at conception. However, the Supreme Court has consistently rejected the legal recognition of fetal personhood, holding that a state cannot prohibit abortions prior to fetal viability.
• State Interests: Idaho argued that it had a legitimate interest in protecting unborn children. However, the Court found that this interest does not justify unduly burdening a woman’s right to choose.

Conclusion

The Supreme Court’s decision to block Idaho’s six-week abortion ban is a significant victory for pro-choice advocates. However, the future of reproductive rights in the United States remains uncertain as the case proceeds through the courts and the Supreme Court’s composition continues to evolve.