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Morning Briefing

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Friday, Jan 6 2023

Full Issue

Idaho's High Court Tosses Out Lawsuits Challenging Near-Total Abortion Ban

Idaho's Supreme Court upheld three state laws that ban nearly all abortion and allow prosecution of medical providers, ruling that there is "no implicit right" to abortion in the Idaho constitution. On the heels of South Carolina's high court ruling the other way, the contradictory decisions offer a prime example of the complicated legal landscape in the U.S.

The Idaho Supreme Court upheld multiple state laws prohibiting abortion in the state on Thursday, ruling that there is no implicit right to abortion in the state鈥檚 constitution. In a 3-2 decision, the court ruled that three state laws 鈥 prohibiting abortion at conception and after six weeks of pregnancy, as well as a Texas-style civil enforcement measure 鈥 are constitutional as the state has a 鈥渓egitimate interest in protecting prenatal fetal life in all stages of development, and in protecting the health and safety of the mother.鈥 (Messerly, 1/5)

In Thursday鈥檚 decision, the Idaho Supreme Court echoed the U.S. Supreme Court鈥檚 reasoning for overturning Roe v. Wade last June, finding that the right to an abortion is not 鈥渄eeply rooted鈥 in the state鈥檚 traditions and history. 鈥淲hen we apply that test to this dispute, there simply is no support for a conclusion that a right to abortion was 鈥榙eeply rooted鈥 at the time the Inalienable Rights Clause was adopted,鈥 Justice Robyn Brody wrote in the majority opinion. (Shapero, 1/5)

In abortion updates from Minnesota 鈥

A bill to strengthen abortion rights in Minnesota is on the fast track to becoming law as it passed its first test Thursday. A House health panel approved the legislation, which codifies protections into state statutes, 11-8 on just the third day of the 2023 session and sent it to its next committee stop on an expedited path to a House floor vote. Backers hope to put the bill on Democratic Gov. Tim Walz鈥檚 desk for his signature by the end of the month. (Karnowski, 1/5)

After the Supreme Court last year overturned the federal right to an abortion and left a patchwork of legal abortion options around the country, Minnesota lawmakers are considering cementing the right in state law. Minnesotans have a constitutional right to abortion under a 1995 state Supreme Court case, but some say that鈥檚 not enough. (Ferguson, 1/5)

In abortion updates from Illinois, Texas, and Kansas 鈥

With Democratic Gov. J.B. Pritzker seated in the front row of the chamber, the Illinois House early Friday approved a sweeping ban on high-powered firearms about two hours after voting to shore up the state鈥檚 already expansive protections for abortion rights. Both measures were at the top of the agenda for the Democratic-controlled legislature, and now head to the Senate. (Gorner and Petrella, 1/6)

鈥淭here is no question that the restrictions in place following the Dobbs decision pose a risk to the training of up to 45 percent of OB-GYN聽residents who are training in states where abortion care is restricted,鈥 said Dr. AnnaMarie Connolly, chief of education and academic affairs at the American College of Obstetricians and Gynecologists. 鈥淭he joint efforts of ACOG 鈥 and countless residencies in protected states are directly addressing this risk to medical education and training.鈥 (Gill, 1/5)

Voters on Aug. 2 defied expectations by rejecting a measure that would have eroded constitutional abortion rights protections in Kansas. But the issue remains a live one in Kansas, as lawmakers are said to be considering running with a variety of abortion-related measures when they return to Topeka next week for the annual legislative session. (Bahl, 1/5)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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