In a significant but narrow ruling, an Idaho state judge slightly broadened access to abortion in the state by clarifying that a woman doesn’t have to be on the brink of death to qualify for an abortion under Idaho’s near-total ban. Judge Jason D. Scott ruled that doctors can legally perform an abortion if they determine the patient is likely to die sooner without one—even if death is not imminent or guaranteed.
This ruling, while keeping the strict ban in place, offers some relief to Idaho doctors and patients who have been forced to delay critical care or leave the state for treatment. It marks a partial win for reproductive rights advocates and came in response to a lawsuit brought by the Center for Reproductive rights on behalf of four women and multiple physicians.
Despite the win, the judge did not expand exceptions to include cases where the fetus has no chance of survival. The ruling has national implications as similar legal battles continue in other states with near-total abortion bans, like Texas and Tennessee. Advocates say the decision highlights how unclear laws are leaving doctors hesitant to provide care, fearing prosecution.