The plaintiffs, which include both patients and physicians, say the abortion bans go against their constitutional rights to happiness and safety. The lawsuit does not seek to allow abortions in all cases, but wants the current law to allow patients with complications, pre-existing conditions and lethal fetal diagnosis to access care. Under Idaho code, only mothers at imminent risk of death can get abortions, as well as rape and incest victims.
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“The state appears to believe that the lives and health of living, breathing, pregnant Idahoans, people’s sisters, mothers, wives, friends are inherently less valuable than a developing fetus or embryo,” she said in her opening statement. “And that continued pregnancy and childbirth must be forced in all situations and at all costs, except when both the woman and the developing pregnancy would be lost without an abortion.”
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