Idaho's Proposition 1 could change the state's abortion laws but the legal fight may not end at the ballot box.
The proposition, also called the Reproductive Freedom and Privacy Act, would allow abortions in Idaho until fetal viability, with exceptions after that for medical emergencies. If it passes, it could affect several lawsuits challenging the state's near-total ban, including Seyb v. Board of Medicine, which argued patients have a federal constitutional right to medically indicated abortions.
Stephanie Toti, executive director of The Lawyering Project, which represents the plaintiff in the case, said the fate of it and other lawsuits would depend on how opponents respond.
"If everyone accepts that the ballot measure serves to repeal Idaho's existing abortion bans, then there would be no need to proceed with litigation challenging those bans," Toti explained.
Toti added if the state legislature amends or repeals the measure — even if voters approve it or if Idaho's attorney general decides the bans are still enforceable — the lawsuits would continue until a state court resolves the status of the ballot measure. She pointed out Proposition 1 opponents could also challenge the initiative in court, causing more delays.
Toti explained abortion opponents in other states have tried to stall voter-approved measures repealing their bans, including Missouri, where voters enshrined abortion rights in the state's constitution in 2024. The issue is in front of Missouri voters again this year, with the state legislature placing an initiative repealing the constitutional amendment on the November ballot. She believes similar efforts could happen in Idaho.
"It is my hope that the will of the voters will carry the day but it may not be a straightforward path. There may be some twists and turns in some efforts to bring about a different result," Toti observed.
Idaho's Republican Party opposes Proposition 1 and several state House members have said they would consider amending or repealing it if voters pass it. Idaho's abortion ban went into effect in 2022, after the U.S. Supreme Court revoked the constitutional right to abortion.
Wyoming lawmakers decided against putting the issue directly before voters as a constitutional amendment this year. That’s after Gov. Mark Gordon urged them to do so to offer legal clarity.
Abortion in Wyoming is legal until fetal viability. The six week ban passed earlier this year is on hold as the case goes to court.
