Following the overturning of Roe, Idaho state law criminalizes abortion at all stages, except in the context of rape or incest that has been formally reported to law enforcement or to prevent the death of the mother. Within fifteen months of the ban’s enactment, 60 OB/GYN physicians stopped practicing obstetrics in Idaho.
As of 2024, 43% of obstetricians have stopped practicing, left the state, closed their practices within the state, or retired in response to harsh legislation. This has left over half of Idaho’s 44 counties without obstetricians, leaving the 23 practicing OB/GYN’s to serve 569,000 Idahoans.
This flight of providers is not a coincidence but rather a clear response to legislation that poses major threats to individuals seeking obstetrician services and physicians. The law’s narrow exceptions and criminal penalties can leave providers concerned about whether an abortion is legally permitted when a patient’s health is at risk. Physicians can be subject to two to five years in prison and risk losing their medical license and being sued for up to $20,000 per family member who chooses to file a lawsuit. This said, the ban’s language is unclear and has left many doctors unsure how to legally interpret the state’s policies and limitations, despite the significant consequences that can follow misinterpretation.
Additionally, this legislation specifically targets women in rural areas, as it causes them to travel significantly more to reach care. One doctor shared, “I have definitely seen people arrive to our hospital much sicker than they should be, and that’s all due to the time that they have to travel.”
This is specifically dangerous for pregnant women, as they are uniquely vulnerable to life-risking complications. Reports state several instances of hemorrhaging pregnant women being airlifted out of state to receive urgent, life-saving abortion care. Given that rural areas have already been reported to struggle to retain and recruit doctors, policies that cause massive flights of physicians are detrimental to women in rural areas and across the state.
As tragic as this is, it is in no way surprising, as 90% of the US has better maternal pregnancy outcomes than Idaho. Since these restrictive policies have been enacted, three labor and delivery wings have closed. Additionally, doctors of all specialties are seven times less likely to apply to work in states with restrictive abortion policies for their residency training.
The effects of Idaho’s abortion laws were also at the center of the state’s November 3 election. Idahoans had the opportunity to vote for safety and health through the Reproductive Freedom and Privacy Act. Tragically, the proposition failed. This said, it lost by 82,807 votes, with 385,716 voters sharing support. This act would have enabled reproductive healthcare decisions to be made between a doctor and patient without the state’s influence until a fetus is viable. It would additionally have freed providers and patients alike from the threat of punitive consequences.
As devastating as this loss is, abortion was on the ballot across the nation and Idaho’s loss is the minority. In Nevada, Missouri and Virginia, abortion rights have been defended or established. Idahoans deserve to have the opportunity to make private decisions with their providers about their healthcare. Providers should not have to choose between their professional obligations and state law. Nationally, the country is reckoning with the heartbreaking consequences anti-choice legislation has caused. Idaho will see justice prevail; it’s just a matter of time.