The latest on abortion and reproductive rights in Idaho

Nearly all abortions in Idaho are illegal

Idaho's trigger law from 2020 went into effect on August 25, 2022, after the U.S. Supreme Court issued its final judgment in the case that overturned Roe v. Wade.

Here are the main components of Idaho's trigger law:

• Abortions in Idaho are banned, except for cases of rape, incest and if the mother's life is at risk.
• In instances of rape or incest, a woman would need to report the crime to police and provide a copy of the criminal report to an abortion provider to undergo the procedure. However, it would only be allowed during the first trimester of pregnancy.
• Doctors performing illegal abortions would face two to five years in prison under the new law. Their state medical license would also be initially suspended for the first violation and revoked upon a second offense.
• It is not illegal for women in Idaho to take abortions pills on their own for self-managed abortions. Only providers risk prosecution under the state’s current bill.

Most recent news stories:

Where can Idahoans get abortions now?

While providers in the state cannot prescribe abortion medications, out-of-state providers can consult women remotely through telehealth. National organizations such as AidAccess.org or Plan C have updated information on how women can legally access abortions and miscarriage management across the country, sharing resources for those who seek care in restrictive states.

Prior to Idaho's abortion ban, three clinics in the state provided abortions – all in the southern part of the state.

With the implementation of Idaho’s trigger law, the closest provider for those living in or near Boise is located in Ontario, Oregon – about a 56-mile trip one way.

The clinic in Ontario offers medication abortions – the two-pill combination of mifepristone and misoprostol that can be taken to end a pregnancy up to 11 weeks – and in-clinic, surgical abortions, according to Kristi Scdoris, Director of Marketing and Communications for Planned Parenthood Columbia Willamette, which operates the clinic.

Other neighboring providers for in-clinic abortions are in Kennewick, Washington or Bend, Oregon.

Oregon law requires anyone under the age of 15 to get parental consent prior to receiving medical treatment. Washington has no such age restrictions.

Planned Parenthood consolidated its Boise and Meridian locations in June 2022. As of June 2023, the Planned Parenthood on Franklin Road in Meridian was listed as open for sexual health and hormone therapy for transgender people.

As abortion rates have dropped in Idaho, they rose in neighboring Washington and Oregon, with an average monthly rise of about 130 procedures respectively.

How many Idahoans are getting abortions?

The Idaho Department of Health and Welfare reports on the number of abortions performed in an annual report. The post-Roe numbers do not include Idaho residents who went out of state to receive an abortion.

Montana saw the number of its out-of-state abortion patients triple since Idaho banned most abortion care. Other states, like Washington and Oregon, enacted shield laws prohibiting data sharing with states that restrict abortions, making it difficult to know how many women are traveling away from Idaho for care.

Idaho's abortion exceptions: how do they work?

Women in the state are allowed to receive abortions in case of rape, incest or if the life of the mother is in danger. The Idaho Department of Health and Welfare does not track the reason behind abortions and the state has not instituted paperwork or guidance to facilitate the process for patients who may qualify under these narrow exceptions.

In Idaho, rape victims must provide a copy of their police report to their physician to receive an abortion. An investigation by Boise State Public Radio revealed law enforcement agencies across the state unevenly understood their role in the process, with many unaware they were required to do so by law even when the case was still open.

Women’s advocates decry the challenges patients who already have been victimized have to navigate to receive care. They say the exceptions and the uneven patchwork of practices across the state have made abortion access extremely difficult and confusing for those who technically qualify.

Idaho's "abortion trafficking" law

In April 2023, Gov. Brad Little signed a bill that would make it a crime to help a minor get an abortion without their parent's consent. The law also applies to someone who obtains abortion pills for a minor in Idaho unbeknownst to their parents.

If convicted, a person could spend between two to five years in prison. While parental consent is an allowable defense, it would still be possible for a person to be charged and have to defend themselves in court.

You can read more about the abortion trafficking law, and other lawsuits, here.

What are Idaho's maternal health care workers doing?

A 2024 report from the Idaho Physician Well-Being Action Collaborative and the Idaho Coalition for Safe Health Care shows Idaho lost 22% of its OB-GYNs since Roe v. Wade was overturned in 2022 – that's more than one in five.

Providers cite Idaho’s restrictive law and fear of prosecution as the main reasons for their departure.

Two rural Idaho hospitals have also announced they will no longer deliver babies. As reported by the Idaho Capital Sun, Valor Health in Emmett and Bonner General Health in Sandpoint made the announcements this year. Valor Health said in its announcement there is a shortage of staff and nurses who can deliver babies and Bonner General said the hospital could no longer safely provide the services due to a lack of pediatricians, fewer patients delivering babies there and financial limitations.

West Valley Medical Center in Caldwell said as of April 1, 2024, it will no longer be providing birth services and closing the neonatal intensive care unit because of lack of demand. The Idaho Statesman reports the closure was alluded to in a report by the Idaho Physician Well-Being Action Collaborative that showed dozens of obstetricians have stopped practicing in the state.

A survey from the Idaho Coalition for Safe Reproductive Health Care in 2023 asked how Idaho’s abortion laws affect Idaho’s maternal health care doctors. When the study authors looked at OB-GYNs specifically, about half of those were strongly considering leaving Idaho. The study also showed that half of those doctors would also consider staying in the state if there were life and health exceptions to the total abortion ban.

Some medical students are also rethinking coming to Idaho to practice medicine. Earlier this year, medical students around the country found where they “matched” for residency, but most students did not send in applications for programs in Idaho.

The Idaho College of Osteopathic Medicine said out of their 2025 graduating class of 149 physicians, 18 are staying in Idaho. The college does not say which programs the residents are participating in.

Is access to birth control at risk?

Idaho residents can now get up to six months of birth control at a time, thanks to a law that was narrowly passed in 2024. The Idaho Capital Sun reports Senate Bill 1234 requires insurance companies to cover six months of contraception coverage for health plans.

Idaho Senate Minority Leader Melissa Wintrow (D-Boise) sponsored the bill, and said the new law would make it easier for women who could previously only access a one- or three-month supply of birth control.

There are other options like Plan B or Ella that prevent or delay one of the hormonal surges that trigger ovulation, or the release of eggs. They can prevent, but not stop pregnancies and are not illegal in Idaho.

Emergency contraceptives are not the same as medication abortions. Medication abortion involves two pills, the second of which causes the uterus to expel the pregnancy.

How did we get here?

Idaho's abortion ban is new, but it didn't come out of nowhere. Idaho lawmakers have wanted to overturn Roe v. Wade for nearly 50 years.

Just two months after Roe was decided in 1973, Idaho legislators began trying to craft the state’s law to be “as restrictive as possible,” as described by Sen. Leon Swenson (R-Nampa) according to minutes from a Senate committee meeting.

And since 1990, Idaho legislators have enacted more than a dozen laws modifying its abortion statute.

Lawsuit tracking

There are multiple lawsuits challenging Idaho’s abortion laws. In January 2024, an Ada County Judge granted most of Idaho Attorney General Raúl Labrador’s motion to dismiss Adkins v. State of Idaho.

In this case, two limited claims were allowed to move forward, with Judge Jason Scott deciding the plaintiffs are entitled to have their rights declared under statutes in the Idaho Constitution through a declaratory judgment. The judge is also allowing a limited challenge to the constitutionality of the statutes narrowly related to how they might apply in specific pregnancy-related situations.

In another lawsuit, six Idaho professors and two teachers’ unions are challenging the “No Public Funds for Abortion Act,” which makes it a crime to use public funds to promote or counsel in favor of abortion. The lawsuit argues the NPFAA violates the First Amendment rights of professors by “broadly and prospectively criminalizing all academic speech that might express a viewpoint favorable to abortion,” according to the ACLU.

In November 2023, a federal judge issued a temporary restraining order on Idaho’s so-called abortion trafficking law. In the latest decision of Matsumoto v. Labrador, U.S. Magistrate Judge Debora K. Grasham granted the order in House Bill 242, preventing it from being enforced.

In October 2023, the Ninth Circuit Court of Appeals agreed to reconsider an appeals case that will determine whether emergency room physicians in Idaho will be shielded from prosecution under the state’s abortion ban for providing stabilizing care. Under the federal Emergency Medical Treatment and Labor Act, or EMTALA, physicians are required to intervene to stabilize patients.

The U.S. Supreme Court heard arguments in April 2024 on whether or not Idaho’s abortion bans conflict with federal mandates requiring doctors to stabilize patients in an emergency, which can include providing an abortion. In June of that year, the court sent back the case to state court for consideration.

The lawsuit brought against Idaho by the Biden administration argued that the state’s ban, which only requires physicians to intervene when a patient’s life is in imminent danger, goes against doctors’ duty of care. The plaintiffs argued physicians must provide care to preserve, not just the life of a patient, but her health as well

The Department of Justice dismissed a Biden-era lawsuit challenging Idaho’s abortion ban in March 2025. St. Luke’s anticipated the dismissal and brought its own similar suit against Idaho’s attorney general. In June, the president revoked guidance explaining to hospitals that receive federal funding they must provide abortions to women if needed to stabilize their condition. The lawsuit is still working its way through the courts.

2025 Idaho Legislative Session

During Idaho’s 2025 legislative session, state lawmakers introduced a bill that would include new exceptions to Idaho’s near total abortion bill. However, it did not move forward.

The proposal would have allowed abortions when a fetus is diagnosed by two doctors that it could not survive outside the womb. Pregnancy complications that would result in major physical health problems for the mother would also be covered, though it would not include psychiatric problems that could lead to her suicide.

Halting the bill’s progress was the only way Senate Republican leaders said they would allow it to be introduced.

What are your thoughts?

What are your thoughts on the U.S. Supreme Court overturning Roe v. Wade? Do you have questions specifically about Idaho's abortion ban? We want to hear from you.

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