Idaho’s state Senate voted Thursday to enact a six-week abortion ban modeled after the Texas law that has eliminated access to the procedure before many people know they are pregnant. This vote will place Idaho on the road to becoming the second state to have a 6-week ban.
The bill, also known as Senate Bill 1309, will next go to Idaho’s House of Representatives, where abortion rights organizations expect it to pass. A spokesperson for Republican Governor. Brad Little declined to comment on whether or not he would sign it. The office does not comment about pending legislation. However, he recently reiterated to the Idaho Spokesman ReviewHis opposition to abortion generally. The bill would go into effect 30 days after signing.
Planned Parenthood, which operates the state’s three abortion clinics, has said it will not offer abortions past six weeks if the bill passes.
“This will absolutely lead to an almost complete elimination of abortion access in Idaho,” said Lisa Humes-Schulz, vice president of policy and regulatory affairs for Planned Parenthood Alliance Advocates Northwest, the organization’s regional advocacy arm.
Many people don’t realize they are pregnant until six weeks after the start of their sixth week. According to 2019 data, Idaho’s Abortion Rate is about two-thirds after six weeks of pregnancy. Centers for Disease Control and Prevention.
Texas’ six-week abortion ban is unlike previous abortion restrictions: It deputizes private citizens to bring civil lawsuits against anyone they suspect performed or helped someone obtain an abortion after six weeks of pregnancy. It has led to Texas abortion providers. no longer offeringThe service to anyoneWho is past? six weeks.
The Supreme Court declined to block Texas’ lawThis appears to violate Roe V. Wade, the 1973 case which guarantees abortion rights up to the point that a fetus can live independently outside of the womb. This is usually around 23 to 25 weeks into pregnancy. A conservative majority of justices has said abortion providers do not have the right to sue the state officials — such as court clerks — who process civil lawsuits, which makes it harder for them to challenge the law.
The court’s decisions were directly cited by the bill’s supporters as reason to pass a similar law in Idaho.
“The Supreme Court has had several opportunities to block enforcement of similar laws in Texas, which they have not done three different times,” said the bill’s sponsor, state Sen. Patti Ann Lodge, from the Senate floor.
Texas law allows anyone to sue for damages. Idaho’s bill allows only the individual or family to sue — meaning the person who received an abortion, their parents, their other children, their siblings or in-laws and whoever helped conceive the fetus. Only the doctor who performed the abortion can be sued under SB 1309. Texas’ law held liable anyone who “aided or abetted” the provision of an abortion: someone who helped pay for the procedure or who gave a friend a ride to the clinic, for instance.
Those changes look like an effort to escape some of the criticism levied by Democrats, independents and even some Republicans against the Texas’ law.
“This is the first time we have seen this language for a six-week ban, and it looks like a response to the criticism that [in Texas] anyone can sue,” said Elizabeth Nash, who tracks state policy for the Guttmacher Institute, a national reproductive health policy organization.
In a letter to a state lawmaker, Idaho’s chief deputy attorney general has suggested that the proposed law is unconstitutional and would be vulnerable to legal challenges. The bill will likely be challenged in court if it is enacted. But the fact that Texas’ law has avoided being struck down — combined with the quick timeline for Idaho’s bill to take effect — means there is a strong likelihood that the six-week ban would take effect after being passed and signed, Nash said.
Even though the potential plaintiffs are fewer, the threat of a lawsuit is still powerful. A successful plaintiff would receive damages of at least $20,000 — double the minimum penalty established in the Texas law.
Although there are exceptions to the bill for those who have been raped or incestual, it is unlikely that many will be deterred. To be eligible for this exception, the pregnant woman must have previously reported the incest or rape to law enforcement and present a police report to a doctor providing an abortion.
“The vast majority of people don’t even report their rape or incest to the police,” Humes-Schulz said. “While it is an exception on paper, in reality people really aren’t going to be able to access it.”
Texas is a good example of the potential impact. The Texas law in September saw abortions drop by 60%. Researchers expect more recent data to confirm that trend.
Clinics in neighboring states have seen a higher patient volume surge More Texans are traveling out-of-state. Idaho would likely see a similar result. Patients would have to travel 250 miles on average to get an abortion.
Idaho insurance does not generally cover abortion. This procedure can cost hundreds of dollars. Before the procedure can be performed, patients must make two visits to the clinic. There is a 24-hour waiting period between each visit.
The missed period is often the first sign that someone is pregnant. This means that the average time someone will realize they are pregnant is four weeks. Humes-Schulz stated that it can take up to two to three weeks to get the money, child care, and time off work for an abortion.
“By the time you get to six weeks into pregnancy, chances are it is very difficult to have gotten an abortion,” she said. “It’s not when you find out you become pregnant, but how long it takes you to get an abortion when you find out in idaho. There’s so few providers, a waiting period, you have to travel and raise money. That’s a big task.”
The bill could lead to criminal charges against doctors who perform an abort after six weeks. This could include jail time for up to five years and the loss of their medical licenses. These provisions will not be effective until at least one federal appels court rules in favor a six week abortion ban. This law has not been upheld by any court.
Idaho is not alone in considering a Texas-inspired abortion ban. Although a vote by the Oklahoma Senate committee was in favor of such legislation, a full Senate vote is yet to be scheduled. Nash stated that Idaho’s bill could be a model for other states to follow.
The Supreme Court is currently hearing a case about the constitutionality of a Mississippi 15-week abortion ban. Many observers predict that the court will either partially or completely overturn Roe V. Wade.
If that case is overturned, Idaho has passed a so-called “trigger ban,” which could, if it takes effect, outlaw all abortions.
