Court sets date for trial in lawsuit seeking clarification of Idaho’s abortion law

A trial to determine whether Idaho’s abortion law should be blocked for individuals facing pregnancy complications will begin on Nov. 12 in Boise.

Ada County District Judge Jason Scott will hear arguments from both sides in Adkins v. State of Idaho, a lawsuit filed in September 2023 by the Center for Reproductive Rights on behalf of four Idaho women denied abortions despite facing serious pregnancy complications, two Idaho physicians, and the Idaho Academy of Family Physicians – a medical association.

The lawsuit is named for the lead plaintiff, Jennifer Adkins, who sought an abortion in Oregon because 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. The three other plaintiffs, Jillaine St.Michel, Kayla Smith and Rebecca Vincen-Brown, also had fetal complications that were likely to affect their health.

Idaho has a near-total ban on abortions without exceptions provided to preserve the health of the pregnant patient, only to prevent their death. Physicians have said the law is unclear about when that exception would apply so that they could be safe from criminal prosecution.

The plaintiffs are asking the court to clarify what circumstances qualify under the “medical emergency” exceptions in the states’ abortion bans.

In some cases, pregnant patients have been airlifted out of Idaho emergency rooms to seek abortions in neighboring states, as doctors fear legal consequences for performing the procedure, even in medical emergencies, States Newsroom previously reported.

During a pretrial hearing on Wednesday, it was confirmed that testimonies during the trial will be provided by the four women, along with physicians and other medical experts.

The hearing will take place at the Ada County Courthouse. The first day of trial begins at 9 a.m. on Nov. 12, and it is expected to last until Dec. 2. Scott said a livestream link can be requested through the Trial Court Administrator.