PLANNED PARENTHOOD GREAT NORTHWEST v. STATE

Docket Nos. 49615, 49817, 49899.

532 P.3d 801 (2022)

PLANNED PARENTHOOD GREAT NORTHWEST, Hawaii, Alaska, Indiana, Kentucky, on behalf of itself, its staff, physicians and patients, and Caitlin Gustafson, M.D., on behalf of herself and her patients, Petitioners, v. STATE of Idaho, Respondent, and Scott Bedke, in his official capacity as Speaker of the House of Representatives of the State of Idaho; Chuck Winder, in his official capacity as President Pro Tempore of the Idaho State Senate; and the Sixty-Sixth Idaho Legislature, Intervenors-Respondents. Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, on behalf of itself, its staff, physicians and patients, and Caitlin Gustafson, M.D., on behalf of herself and her patients, Petitioners, v. State of Idaho; Brad Little, in his official capacity as Governor of the State of Idaho; Lawrence G. Wasden, in his official capacity as Attorney General of the State of Idaho; Jan M. Bennetts, in her official capacity as Ada County Prosecuting Attorney; Grant P. Loebs, in his official capacity as Twin Falls County Prosecuting Attorney; Idaho State Board of Medicine; Idaho State Board of Nursing; and Idaho State Board of Pharmacy, Respondents, and Scott Bedke, in his official capacity as Speaker of the House of Representatives of the State of Idaho; Chuck Winder, in his official capacity as President Pro Tempore of the Idaho State Senate; and the Sixty-Sixth Idaho Legislature, Intervenors-Respondents.

Supreme Court of Idaho, Boise, August 2022 Term.

Opinion filed: August 12, 2022.


Attorney(s) appearing for the Case

Wilmer Cutler Pickering Hale , and Dorr, LLP, New York and Bartlett & French, LLP, Boise, Idaho, for Petitioners Planned Parenthood, etal. Alan E. Schoenfeld argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for Respondent State of Idaho. Megan A. Larrondo , argued.

Monte Neil Stewart , Las Vegas, Nevada and Morris Bower & Haws PLLC, Nampa, Idaho, for Intervenors Scott Bedke, Chuck Winder and the Legislature. Monte N. Stewart , argued.


The Court held a public hearing on August 3, 2022 to address specific procedural matters the parties were ordered to brief and argue. All parties agree the Court should consolidate all three actions filed by Petitioners for purposes of oral argument and issuing an opinion. Furthermore, all parties agree the Court should not transfer...

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