IDAHO
Political control: Republicans hold super-majorities in the House and Senate and oppose access to abortion, as does the state’s Republican governor.
Background: Following the U.S. Supreme Court’s 1973 Roe v. Wade ruling, Idaho passed a law generally allowing abortions in the first and second trimester up to viability at about 23 to 24 weeks. The law allows abortions after viability only to protect the mother’s life or in cases of nonviable fetuses. This year, lawmakers passed a Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion. That law is on hold following a challenge by Planned Parenthood. The Idaho Supreme Court is scheduled to hear arguments in August.
Effect of Supreme Court ruling: It triggers a 2020 Idaho law banning all abortions except in cases of reported rape or incest, or to protect the mother’s life, to take effect in 30 days. Under the law, the person performing the abortion could face a felony prosecution punishable by up to five years in prison. In cases of rape or incest, the law requires pregnant women to file a police report and provide a copy of the report to the provider prior to an abortion. If the Idaho Supreme Court upholds the state’s Texas-style abortion ban and Roe v. Wade is tossed aside, a medical provider who performs an abortion in Idaho could face a lawsuit and criminal charges.
What’s Next: Pregnant women seeking abortions will have to travel out of state; the nearest abortion providers would be in Washington, Oregon, Nevada and Colorado. Planned Parenthood is renting space in the town of Ontario on the Idaho-Oregon border and says it’s preparing for an influx of patients seeking abortions. Some Republican lawmakers in Idaho might propose new legislation in January to outlaw abortion pills and emergency contraception.
