By Ruth Brown, Idaho Reports
The State of Idaho presented its witnesses Wednesday, starting with pro-life physicians, during the second week of a trial challenging Idaho’s abortion ban.
The plaintiffs include four women who sought out-of-state abortions for their wanted pregnancies because of medical complications. The plaintiffs are asking the court to find that abortion should be legal in Idaho if a mother’s health is in danger, not just her life.
They are asking the court to declare the law unconstitutional for certain patients – those with preexisting conditions that cannot be treated during pregnancy, pregnancies that endanger the mother’s life, and pregnancies with lethal fetal diagnoses.
Deputy Attorney General James Craig began with Dr. Dustan Hughes, an OB-GYN who works on-call emergency room rotations at the Saint Alphonsus and St. Luke’s hospitals in Nampa.
Hughes said because Saint Alphonsus is part of Catholic hospital network, they have never performed medical or surgical abortions.
The plaintiffs countered, saying Hughes is not an employee of Saint Alphonsus, confirming he is an independent practitioner. Hughes confirmed that he has never talked to the Saint Al’s legal team or the Saint Al’s maternal fetal medicine physicians.
The state called Dr. Rod Story of Moscow as a witness next. Story said he is a family medicine physician and provides prenatal care alongside obstetrics. Story confirmed that he has some patients with disorders such as Turner Syndrome, a condition that some women choose to terminate pregnancies over.
During cross-examination, Story said he felt Idaho’s abortion laws did not go far enough, because they have rape and incest exemptions. He also does not support the use of hormonal birth control, because he believes life begins at fertilization. Birth control prevents a fertilized egg from implanting on the uterine wall, therefore preventing pregnancy.
The state called Dr. Ingrid Skop, a Texas OB-GYN, as an expert witness. She is vice president and director of medical affairs for the Charlotte Lozier Institute. The institute is a pro-life think tank that states its mission “advises and leads the pro-life movement with groundbreaking scientific, statistical, and medical research.”
Craig proceeded to question Skop about what an abortion is, showing slides of terminated fetuses after a dilation and evacuation, commonly called a D and E procedure. Skop outlined some of the dangers to the women that come with the abortion, repeatedly referring to the physicians conducting them as “abortionists.”
The plaintiffs’ attorney called the images shown in the slides “propaganda.”
Craig questioned Skop about a variety of conditions that may occur in pregnancy, that plaintiffs’ witnesses had noted were potentially treatable by an abortion, all of which Skop said did not always need an abortion for treatment.
Skop testified that she believes Idaho doctors currently can help pregnant patients and conduct an abortion if it’s in their good faith medical judgement to save a patient.
In cross-examination, the plaintiffs’ attorney Leah Godesky said that Skop has testified in multiple states regarding anti-abortion legislation and served with multiple pro-life organizations. Skop has never testified in support of abortion and has written multiple articles challenging abortion.
Godesky pointed out that some of Skop’s medical articles on abortion complications have since been retracted and are under litigation.
Allegations made about the articles came from pro-abortion institutes, Skop said.
“They targeted these studies for retraction,” Skop said.
The state asked Skop to draft a written report based on the plaintiffs’ complaint and Godesky criticized her methodology.
Godesky pressed Skop on her view about whether the Idaho law allows physicians to conduct an abortion.
“If it’s a complication that may lead to death, but they do not need to know with certainty she will die,” Skop said the abortion could be conducted.
Skop acknowledged that the law does not mention medical standards of care and she has not spoken to Idaho physicians.
The trial will continue at 9 a.m. Thursday in Ada County.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.