State supreme court decisions about acceptable language used to define ballot initiatives - an issue not just in Idaho but elsewhere too - may seem like deep inside baseball stuff.
But because it directly influences how people vote, at the moment of voting, these descriptions should catch our attention. The abortion initiative on the ballot this fall will pass or fail in large part based on what Idahoans think they’re voting on. Last weekend, the Idaho Supreme Court decided that question. Sort of.
The initiative from Idahoans United for Women and Families (the concise text is online) has been approved to appear on the November ballot. A key question is, how will people perceive what they’re voting on? Will it open the doors to completely unconstrained and unregulated abortions, or will it scale back cruel and draconian extreme restrictions on human rights? Both concepts are being pushed.
When an initiative appears on an Idaho ballot, it comes with a short description provided by the state. Here is what the state first proposed as the impact of a yes vote:
“A YES vote would create reproductive rights, including a right to abortion before a fetus’s ability to survive and after a fetus’s ability to survive in cases of a medical emergency, and provide liability protections for healthcare providers.”
Idahoans United asked the Supreme Court to throw out that description. It did, but shortly after a majority of the justices approved this one:
“A YES vote would support creating a right to abortion before fetal viability—defined as a fetus’ ability to survive without extraordinary medical measures—and after fetal viability in cases of medical emergency; providing protections against professional discipline and civil and criminal liability for healthcare providers; and codifying a statutory reproductive right to freedom and privacy.”
This is a little more detailed, but not drastically different. Here’s the same exercise with the effect of a “no” vote.
First, the initial state submission:”A NO vote would make no change to Idaho’s current law, which protects the life of the unborn while allowing abortion in reported cases of rape or incest, or when necessary to protect the life of the mother.”
Then the court-approved version: “A NO vote would support making no change to Idaho’s current law, which preserves the life of preborn children by prohibiting abortion, except when necessary to prevent the death of the pregnant woman, and during the first trimester in documented cases of rape or incest reported to law enforcement.”
Those subtle differences were apparently enough for the majority to conclude, “ the revised statements are consistent with the views expressed in our prior opinion dated September 4, 2026, and that they also substantially comply with the requirements of Idaho Code section 34-1810(1)(b). Accordingly, Idahoans United’s objection is overruled.”
There was a dissent from Justice Colleen Zahn. She said the majority was correct on the “yes” portion but not on the “no” description “because it introduces new terminology not found in the Idaho statutes at issue or in the ballot materials for the Reproductive Freedom and Privacy Act and because the revised No Statement only restates one aspect of current Idaho law, thus failing to substantially comply with the statutory requirement that the statement clearly convey the effect of a ‘no’ vote.”
She also pointed out that “the revised No Statement fails to clearly convey the effect of a ‘no’ vote because it uses different language than current Idaho law regulating abortion” and “the revised No Statement fails to substantially comply because it does not clearly advise the voter of current Idaho law concerning licensing, civil, and criminal liability for healthcare providers.”
Like abortion law itself, this kind of descriptive language is hell on precision when it comes to actual practical effects, what can and may or must not be done in actual medical offices, by people facing imminent and critical decisions. Statute books tend not to translate well to those environments.
What’s a voter to do? The best option is to read the initiative text for yourself. It’s in plain English and won’t take long.
Beyond that, try this:
If you like what the Idaho legislature has done about abortion in the last five years or so, or think they haven’t gone far enough, vote no.
If you dislike what the legislature has done, or think it’s gone too far, vote yes.
Easy. But that probably wouldn’t clear the Supreme Court.
(image)


Considering Kami Bakken’s line of work, it’s difficult to imagine mental health being a major issue in her life.
“These trips are truly one-of-a-kind experiences, especially with the Middle Fork being a crown jewel of rivers in the United States,” she says. “The Salmon River is also one of the longest free-flowing rivers in the lower 48, and the river is constantly changing. So while the trips are somewhat innately life-changing, we also offer an experience that allows people to connect with this landscape and with each other.”
Attorney General Labrador is embroiled once more in a conflict-of-interest lawsuit. He is now accused of using his position to bias voters against Proposition One, the initiative designed to strike Idaho’s total abortion ban. The proponents of the initiative took him to court last year, claiming he had written deceptive ballot titles for the initiative. The 
Oregon voters as a whole have not approved of Donald Trump any time he’s been on the general election ballot, handing him losses in 2016 (39.1%), in 2020 (40.4%) and 2024 (41%).

