The US state of Idaho is set to begin a near-total ban on abortions after a court late last week refused to stop a state law from criminalising nearly all abortions in the aftermath of the US Supreme Court decision to overturn Roe vs. Wade in Dobbs vs. Jackson. In all, about half of US states are expected to seek to ban or restrict abortions.

According to a report by Reuters, in a 3-2 ruling, the Idaho Supreme Court rejected a bid by a Planned Parenthood affiliate to prevent a ban from taking place, which the abortion provider argued would violate privacy and equal protection rights under the state constitution. (Idaho, like 12 other US states, adopted “trigger” laws banning abortion upon the Dobbs ruling.)

The measure allows for abortions only in cases of rape, incest or to prevent risk of life. The court also lifted an earlier order from April blocking a separate Idaho law which banned abortions after six weeks of pregnancy, allowing it to take effect. 

Justice Robyn Brody said the Dobbs decision meant Planned Parenthood was not entitled to “drastic” relief, noting that abortion was illegal in Idaho before the Roe decision. Justice Brody added, “what Petitioners are asking this Court to ultimately do is to declare a right to abortion under the Idaho Constitution when – on its face – there is none.” 

The US Justice Department has separately sued in a bid to block the Idaho ban, saying it conflicts with a federal law requiring hospitals to provide abortion in medical emergencies if needed. That lawsuit – set for August 22 – was the first action by the national government challenging state abortion laws after Dobbs.

The news from Idaho comes as Louisiana’s Supreme Court rejected an appeal filed by plaintiffs in the ongoing legal battle over that state’s abortion ban, allowing the ban to stay in effect. Access to abortion has fluctuated as Louisiana’s three clinics relied on rulings and temporary restraining orders. 

On July 21, Judge Donald Johnson issued a preliminary injunction that allowed clinics to continue providing abortions while the lawsuit over the ban played out. Eight days later however, procedures came to a halt when a state appeals court ruled in favour of Louisiana Attorney General Jeff Landry. 

This all follows a recent referendum in Kansas which secured abortion access. Although several states have moved to restrict abortion access since Dobbs, Kansas is one of the states where abortion access is guaranteed constitutionally, and thus, the state constitution needed amending if any change was to take place.

By contrast, California and Vermont are to hold referendums this year to enhance abortion access through their state constitutions. Although Catholics are generally perceived to be against abortion, even before the Supreme Court ruling, the Pew Research Center found deep divisions on Catholic attitudes towards the procedure. 

This mirrors nationwide sentiment. According to data from the Pew Research Center, most Americans did not support the Supreme Court decision, with 62 per cent of adults saying abortion should be legal in all or most cases. Meanwhile, after the ruling, Pew found that 51 per cent of US Catholics disapproved of the decision, with 34 per cent doing so strongly. 

Pew also found just 39 per cent of US Catholics believe abortion should be illegal in some or all cases (9 per cent in all cases), against 60 per cent who feel abortion should be legal (23 per cent in all cases). Even in states where abortion bans are in place, or set to be, opinions are divided. News from Idaho and Louisiana may then be victories for conservatives but the debate is far from over, with culture wars arguments continuing in the fallout from Dobbs.

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