PLANNED PARENTHOOD GREAT NORTHWEST v. STATE

Docket. Nos. 49615 49817 49899.

522 P.3d 1132 (2023)

PLANNED PARENTHOOD GREAT NORTHWEST, Hawai`i, 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, Hawai`i, 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, October 2022 Term.

Opinion filed: January 5, 2023.


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, et al. Alan Schoenfeld argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for Respondent State of Idaho. Megan 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 Neil Stewart argued.


These cases primarily concern whether the Idaho Constitution protects abortion from the legislature's broad power to enact laws concerning the public's health, welfare, and safety. Planned Parenthood Great Northwest, Hawai`i, Alaska, Indiana, Kentucky, and Caitlin Gustafson, M.D., on behalf of herself and her patients (collectively...

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