One of the few clinics in Idaho that offer abortions has a procedure room. As a result of the six-week ban becoming law, access to abortion is going to become less available.
Idaho Statesman/TNSA patient who gets an abortion or the person whoimpregnated her or their family can file a lawsuit against abortion providers in Idaho.
The law banning most abortions after about six weeks of pregnancy is similar to a Texas law that allows anyone to bring lawsuits against health care providers if they are accused of helping provide abortions.
We already know what this looks like because we have been watching what is happening in Texas.
In the month after the Texas law took effect, the number of abortions reported in Texas fell by 60%, prompting many patients to travel out of state.
The father of the preborn child, a grandparent of the preborn child, and a sibling of the preborn child are considered to be biological relatives under the Idaho legislation.
Shaakirrah Sanders, a law professor at the University of Idaho, says that provision could cause lawsuits that would make it impossible for healthcare providers to continue offering the procedure.
If there are 10 siblings and parents, all of them can file a lawsuit and get $20,000.
If the assault is reported to law enforcement, Idaho's ban allows abortions for pregnancies resulting from rape or incest. According to the anti-sexual violence group known as RAINN (Rape, Abuse & Incest National Network), more than two-thirds of victims do not report their assaults for a variety of reasons, including fear of retaliation or a belief that police would not help them.
Anyone who causes a baby to be born by committing rape or incest is not eligible to file a lawsuit, though it is silent on how that person would be proven guilty. It does not include an exclusion for a rapist's family members.
In a letter to Idaho's Senate President, Gov. Little expressed some reservations about the use of lawsuits. He raised concerns that the same technique could be applied to other issues, such as religious freedom or gun rights, and he expressed support for the abortion ban.
The state legislature was asked to take steps to address concerns about the impact of rape and incest victims, as well as the fact that many victims may lack the ability or support needed to report their assaults.
Carol Tobias, President of the National Right to Life Committee, believes that a policy like that would help to deter abortions. Her group is promoting state legislation.
The unique enforcement mechanism first tried by Texas, which relies on ordinary citizens filing lawsuits, has succeeded where similar efforts to ban abortion have failed. Several states have passed laws banning the procedure in the first two months of pregnancy, only to have them blocked by the courts. The U.S. Supreme Court has refused to strike down the novel legal strategy of the state.
Republicans in several states have proposed similar legislation, and Idaho is the first to pass it.
Steven Harris, who co-sponsored the bill in the Idaho House, praised the Texas law for stopping abortions. Babies have been saved in the ensuing months.
The Supreme Court is expected to make a decision this summer that could affect abortion rights and other precedents. A Mississippi law banning most abortions after 15 weeks of pregnancy is at the center of the case.
Similar proposals are being advanced in Tennessee and Oklahoma. Legislation is being considered in Missouri that would try to prevent residents from leaving the state for an abortion.
The 15-week ban was passed by the Florida legislature.
Patients from Texas are putting pressure on clinics in other states, making it harder for local patients to get appointments.
Arons says that with these laws going into effect, more and more patients will have to travel further to get care.
The Idaho law will take effect in 30 days. Reproductive rights groups are considering their next steps.
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