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SB1309 is stayed indefinitely while under review by the Idaho Supreme Court

BOISE, ID — The Idaho Supreme Court has stayed SB1309, Idaho’s Texas-style 6 week abortion ban. The motion, issued by the Court late Friday afternoon, blocks SB1309 from going into effect on April 22nd, as previously scheduled, until the Court has time to review the law. 

“Patients across Idaho can breathe a sigh of relief tonight,” said Rebecca Gibron, interim CEO of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky. “We are thrilled that abortion will remain accessible in the state for now, but our fight to ensure that Idahoans can fully access their constitutionally protected rights is far from over. Anti-abortion lawmakers have made clear that they will stop at nothing to control our lives, our bodies, and our futures. Planned Parenthood will continue fighting for every person’s ability to access basic health care, no matter their race, zip code, or economic status. We look forward to our day in court.” 

The Idaho State Supreme Court is considering the legality of SB1309 after Planned Parenthood’s affiliate in Idaho filed a petition to block the abortion ban. The constitutional violations in the law are so glaring that Idaho Governor Brad Little even stated that the law would be proven “unconstitutional and unwise” in a letter to the Idaho legislature notifying that he had nonetheless signed the bill. In its petition, Planned Parenthood argues the ban blatantly undermines patients’ right to privacy. It also improperly and illegally delegates law enforcement to private citizens, violating the separation of powers and allowing plaintiffs without injury to sue, in violation of the Idaho Constitution.

SB1309, which would ban abortion after approximately six weeks of pregnancy and allow family members to sue abortion providers and collect a minimum $20,000 reward for a successful claim, was set to go into effect on April 22, 30 days after Gov. Brad Little signed it into law. Idaho was the first state in the nation to enact a law modeled after Texas’s abortion ban. 

Lawyers from the law firms WilmerHale and Bartlett French filed the petition on behalf of Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky and Idaho provider Dr. Caitlin Gustafson. 

Link to petition here



Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky (PPGNHAIK) is a leading sexual and reproductive health care provider and advocate. The organization operates 40 health centers in Alaska, Hawai‘i, Idaho, Indiana, Kentucky, and Western Washington and provides medical services and sexuality education for thousands of people each year. Planned Parenthood is a 501(c)(3) not-for-profit organization and relies heavily on charitable donations to ensure our patients' ability to determine their own destinies and receive the health care they need.