Idaho Abortion Law Updates

Department of Justice (DOJ) Drops the Biden-Era Idaho Abortion Lawsuit

On March 6 2025, the Trump administration's DOJ announced it is retreating from its legal challenge against Idaho's pro-life law, signaling a potential victory for the protection of unborn children. This withdrawal comes as St. Luke's Health System attempts to secure court-ordered protections for doctors performing abortions in emergency situations. The move comes after a yearslong battle. The Biden administration had argued in court that the federal Emergency Medical Treatment and Active Labor Act (EMTALA) required Idaho to allow abortions if they were required to stabilize a woman in a medical condition. Idaho’s Defense of Life Act, already permits an abortion, according to the Idaho Attorney General’s Office, “on the subjective, good-faith medical judgment of a doctor who believes the life of the mother is threatened.” Attorney General Raúl Labrador has contended that EMTALA and the Defense of Life Act were not in conflict.

You can read the full text of the Defense of Life Act here: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch6/sect18-622/

From the opposite perspective: a group called Idahoans United for Women and Families has proposed a ballot initiative to add abortion to the Idaho ballot in November 2026. If passed, this initiative would permit aborting unborn babies all the way up until the end of the second trimester, 24 weeks. 

According the the Secretary of State's Office the initiative has been approved for circulation and signature gathering. The sponsors of a measure must collect signatures from six percent of the total registered voters at the time of the last general election in order to qualify for the ballot. The submitted voter signatures must meet the requirements for distribution across at least 18 legislative districts, with at least 6 percent of registered voters from each district by the deadline.

The full text is available here: https://sos.idaho.gov/elections/initiatives/2026/RFPA.pdf