Filed Date: March 30, 2022
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(This summary is temporary while we research the case.) On March 30, 2022, Planned Parenthood sued the State of Idaho seeking a declaration that Idaho Senate Bill No. 1309 (SB 1309) is unlawful and unenforceable under the Idaho Constitution, and seeking a writ of prohibition forbidding Idaho courts from giving effect to the unconstitutional civil cause of action created by SB 1309. SB 1309 prohibits medical professionals from performing an abortion if fetal cardiac activity can be detected, which generally occurs at approximately six weeks of pregnancy, as measured from the first day of a patient’s last menstrual period. SB 1309 takes the unprecedented step of expressly prohibiting all executive officers in the State—including all prosecutors—from enforcing it. Instead, SB 1309 exclusively empowers private citizens to bring civil claims against medical professionals who provide abortions in contravention of SB 1309’s ban.