Idaho became the first state to pass an abortion ban modeled after a strict Texas law that prohibits abortions after 6 weeks of pregnancy and relies on everyday citizens for enforcement.
The Idaho House, led by Republicans, approved the legislation 51-14 on Monday, according to The New York Times . The Idaho Senate approved the bill earlier this month. The legislation will now go to Gov. Brad Little, despre himplasia who has already signed a separate law that restricts abortion, which was passed last year.
The Fetal Heartbeat Preborn Child Protection Act, also known as Senate Bill 1309, is the latest legislation supported by anti-abortion activists and lawmakers across the country. States are racing to put new abortion measures in place before the Supreme Court considers Mississippi’s 15-week abortion ban this summer and potentially overturns Roe v. Wade, the landmark 1973 decision that established a right to an abortion up to about 24 weeks.
George M. Abraham, MD, MPH, president of the American College of Physicians, said in a statement that the Idaho bill “violates patient autonomy and will egregiously impact the patient-physician relationship…. Instead of enacting laws that interfere with health care, we should be seeking ways to improve patient access to evidence-based care.”
Republican lawmakers in at least 12 states have introduced bills modeled after the Texas ban, according to The Washington Post , particularly the unusual legal strategy of allowing private citizens to sue.
On Friday, the Texas Supreme Court said it was unable to stop the new state law because it explicitly bans state officials from enforcing it — only private citizens can sue someone who “aids or abets” an abortion. It provides $10,000 plus legal fees for successful lawsuits. The recent ruling in Texas spurred lawmakers in Idaho to move forward with their proposed legislation this week.
The Idaho bill is like the Texas law but differs in some key respects, the Times reported. In Idaho, family members of a “preborn child” can sue the abortion provider. It provides $20,000 plus legal fees for successful lawsuits and allows lawsuits against providers for up to 4 years after an abortion.
The Texas law allows no exceptions for rape or incest. The Idaho bill provides an exception but requires pregnant people to file a police report and show it to the provider before getting an abortion.
Last year, shortly before Texas passed its law, Idaho adopted a law making it a crime to perform an abortion after fetal heart activity was detected, typically around 6 weeks, the newspaper reported. But lawmakers attached a trigger, saying it wouldn’t go into effect until an appellate court upheld a similar law in another state.
Little signed last year’s law. If he signs the new bill, it will take effect 30 days later — potentially as early as April.
Sources
The New York Times: “Idaho Is First State to Pass Abortion Ban Based on Texas’ Law.”
Legislature of the State of Idaho: “Senate Bill No. 1309.”
The Washington Post: “Idaho legislature approves bill banning abortion after six weeks, modeling its legislation on restrictive Texas law.”
Source: Read Full Article