Judge dismisses lawsuit over outdated abortion law

Boise, Idaho

11.16.07 -- 11:08 AM

By Associated Press

A federal judge has dismissed a lawsuit over Idaho's 2005 abortion law because the 2007 Legislature replaced the law with a new one.

Planned Parenthood sued after the 2005 Legislature enacted a parental consent law with two provisions that the organization claimed were unconstitutional. U.S. District Judge B. Lynn Winmill said that Planned Parenthood was likely to win that argument, but the case continued in court over the next two years.

This year the Legislature repealed the 2005 law and enacted a new one that was missing the two contested provisions. So both Planned Parenthood and the state agreed that the lawsuit should be dismissed.

Winmill dismissed the lawsuit but said he was maintaining his earlier ruling that Planned Parenthood would likely win its argument over the legality of the provisions. That means the case law created by the lawsuit will stand.

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