Idaho judge rebuffs abortion funding rule

In a 3-page ruling on July 11, Ada County District Court Judge Duff McKee chastised Idaho officials for issuing new Medicaid regulations limiting abortion coverage to the same extent as an earlier rule found unconstitutional by the court. Judge McKee opened his order by calling the new rule "a blatant and ill-concealed attempt to maintain the status quo." Invalidating the prohibition on Medicaid coverage for low-income women's abortions except when two physicians certify that continued pregnancy will result in "grave, long-lasting physical damage," Judge McKee reiterated his holding that such a measure violates the Idaho Constitution. On February 1, Judge McKee held that the state Constitution provides broader protection for the right of privacy than the federal Constitution. The court indicated that the initial Medicaid regulation conflicted with a constitutional guarantee of neutrality, which requires Idaho to be evenhanded when subsidizing the exercise of a constitutionally protected right. Plaintiffs in Roe v. Harris--represented by ACLU Reproductive Freedom Project's Louise Melling, Planned Parenthood Federation's Carole Chervin, and cooperating attorney Newal Squyres--challenged the new regulation in early July. The lawsuit was originally filed in August of 1993. An Idaho statute, which was challenged but upheld, provides Medicaid funding when two physicians certify that it is necessary to save the woman's life or health, or when a court determines the pregnancy resulted from rape or incest.