Jennifer Adkins of Idaho, who said she faced a complicated pregnancy, is suing the state over its near-total abortion ban. (Courtesy of the Center for Reproductive Rights)
An Ada County judge heard arguments on Wednesday whether to end a lawsuit aimed at clarifying Idaho’s abortion ban.
Idaho has a total ban on abortions, with exceptions for rape and incest in the first trimester with a police report. Doctors can also provide an abortion to prevent a patient’s death, but not to preserve their health. This means even if a pregnant patient faces organ loss, paralysis, or loss of fertility, they still would not be able to seek an abortion in the state.
The lawsuit, Adkins v. State of Idaho, was filed in September 2023. It is named after the lead plaintiff, Jennifer Adkins, who sought an abortion in Oregon after her 12-week-old fetus was diagnosed with a condition that would have resulted in a miscarriage or stillbirth, and likely jeopardized her own health.
Her fetus had 1% chance of survival. Idaho’s ban forced her to travel for an abortion.
Adkins is one of seven total plaintiffs who is represented by The Center for Reproductive Rights, a global organization that advocates for reproductive rights. The other plaintiffs include three other Idaho women who were denied an abortion despite concerns for their health, two Idaho physicians who provide obstetrical care; and the Idaho Academy of Family Physicians – an organization of physicians, medical residents and students across Idaho.
The plaintiffs argue the law is vague, which makes it difficult to practice medicine. The purpose of the lawsuit is to clarify and expand the medical exceptions to Idaho’s abortion ban to ensure physicians can perform an abortion to preserve a person’s health, according to the Center for Reproductive Rights.
State of Idaho argues abortion ban law is not vague
The State of Idaho asked Ada County District Judge Jason Scott to apply summary judgment in the lawsuit, which would end the case without a trial.
Jim Craig, an attorney representing the state of Idaho, said Idaho’s abortion ban is not vague.
“I don’t know how much clearer we can get,” Craig said, referencing when the Idaho Supreme Court upheld Idaho’s abortion ban. “The Idaho Supreme Court has made clear… You do not have to wait to provide life saving care. You do not have to come to the court.”
He argued the physician plaintiffs, who have said they are fearful to provide care because they could be criminalized under the law, are bringing on hypothetical situations and that there are no patients who claim to need an abortion right now.
“All that’s required is for the treating physician to make a good faith medical judgment that providing an abortion is necessary to prevent the death of a pregnant woman,” Craig said.
‘These are real people’: plaintiffs’ lawyer argues
Gail Deady, the attorney representing the plaintiffs, disputed the state’s claims that the plaintiffs are arguing over hypothetical situations.
“These are real people who are being harmed by these laws, and there are two plaintiffs right now in this room who are examples of the type of patients who are being harmed by these laws,” she said.
Aside from Adkins, Jillaine St. Michel, Kayla Smith and Rebecca Vincen-Brown, are the three Idaho women also named in the lawsuit who had fetal complications that were likely to affect their health.
“Jennifer Adkins is here, and she was denied abortion care at Saint Alphonsus despite having received a devastating, fatal fetal diagnosis and having been at risk of mirror syndrome, which was threatening to her health,” Deady said. “Rebecca Vincen-Brown is also in the courtroom today, and she was turned away from receiving abortion care at St. Luke’s despite again having a likely fatal fetal condition that was posing risks to her health and to her future fertility.”
Deady said the physician plaintiffs go to work every day unsure about how to apply Idaho’s abortion exceptions to their practices.
“They particularly do not understand how to interpret what prevent death means, because physicians are not trained to wait until someone is at risk of death before acting. They’re healers,” Deady said.
Scott said he would make a decision at a later time. A pretrial conference is still scheduled at 2 p.m. on Oct. 23 at the Ada County Courthouse.
CORRECTION: This story has been updated to correct the spelling of Jennifer Adkins.
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