Idaho Abortion Law’s Lack of Health Exception Headed to Trial

Idaho must go to trial to defend the lack of an exception for people whose pregnancies endanger their health in its near-total abortion ban, a federal judge said.

The Defense of Life Act permits doctors to perform abortions to save the pregnant person’s life, but makes no provision for pregnancies that will cause serious, permanent harm short of death, including self-inflicted harm as a result of mental illness. There are genuine issues of material fact about whether there are traditional principles of self-defense and necessity that preclude summary judgment for the state on whether there’s a right to a medically ...