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Idaho judge says it isn’t a crime to perform abortion in some medical cases

An Idaho district judge ruled April 11 that pregnant patients who have a risk of dying without an abortion are not subject to the criminal penalties of the state’s abortion ban, but the plaintiffs say it doesn’t go far enough to offer real protection.

The lawsuit was filed in Ada County, in Idaho’s Fourth District court. As part of , District Judge Jason D. Scott said Idaho’s abortion laws do not make it a crime to perform an abortion if the physician determines in their good faith medical judgment that the patient’s existing medical condition or pregnancy complication would be resolved by terminating the pregnancy and the patient faces a “non-negligible risk of dying sooner� without it. Scott said death does not have to be imminent or “assured� to perform an abortion as long as it doesn’t arise from a risk of self-harm, such as suicide, and it attempts to facilitate the fetus� survival outside of the womb if possible.



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