Texas

The governor of Idaho signs an abortion ban modeled on Texas law

On Wednesday, Idaho became the first state to enact a Texas-style law that prohibits abortions after about six weeks of pregnancy and can be enforced through litigation to avoid challenges from the Constitutional Court.

The Republican central bank governor, Brad Little, signed a law authorizing family members to sue a doctor who performed an abortion after a heart attack was diagnosed in an embryo. He said, however, that he was concerned about whether the law complied with the constitution.

“I stand in solidarity with all the people of Idaho who seek to protect the lives of their children,” Little wrote in a letter to Governor Janice McGeachin, who is also the president of the Senate.

However, he also pointed out: “Although I support the policy of survival in this legislation, I fear that the new civilian enforcement system will soon prove both unconstitutional and irrational.

The law in the Conservative state is expected to enter into force 30 days after the signing, but court challenges are expected. Opponents say it is unconstitutional and say it is six weeks before many women know they are pregnant.

Advanced technology can detect the first electrical activity in embryonic cells in as little as six weeks. These flakes are not a striking heart; it is a heart activity that will eventually become a heart. An embryo is called a fetus after the eighth week of pregnancy and the real heart begins to form between the ninth and the 12th week of pregnancy.

The law allows the father, grandparents, siblings, nieces and nephews of an “infant child” to sue the abortion provider for a minimum of $ 20,000 in damages within four years of the abortion. Rapists are not allowed to sue under the law, but the relatives of rapists could.

“Vigilant episode”

“The vigilantes in this bill are ridiculous,” said Lauren Necochea, a Democrat in Idaho. “Its effects are cruel and it is clearly unconstitutional.

A Planned Parenthood official said the law was unconstitutional and said the group was “committed to going all the way and exploring all of our potential to restore Idahoans’ right to abortion.”

“I want to emphasize to everyone in Idaho that our doors remain open. We are committed to helping our patients access the health care they need, including abortion,” said Rebecca Gibron of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, which operates three abortion clinics in Idaho.

Proponents of her case have been working to make the actual transcript of this statement available online. Most recently, the state passed a six-week law banning abortion last year, which required a favorable federal court in a similar case to take effect and has not happened.

The law is tailored to Texas law, which the U.S. Supreme Court has allowed to remain pending a court challenge on its merits. Texas law allows people to enforce laws in place of government officials who would normally do so. Texas law allows for lawsuits against clinics, doctors, and anyone who “assists or promotes” abortion that is prohibited by law.

Other states follow similar laws, including Tennessee, which introduced a Texas abortion bill last week.

The Biden administration knew that Texas law would lead to other states adopting similar legislation, White House spokesman Jen Psaki said, urging Congress to send the president a bill to “block these radical steps.”

“This development is devastating for women in Idaho, as it will further impede women’s access to health care, especially those on low incomes and living in rural areas,” Psaki said in a statement on Wednesday.

Republicans in Idaho have an overwhelming majority in both the House of Representatives and the Senate. The move passed the Senate 28-6 and House 51-14 without democratic support. Three Republicans in the House of Representatives voted against the operation.

Concerns of the Governor of the Central Bank

Little on Wednesday expressed his concern about the legislation.

“Attempting ordinary citizens to impose heavy fines for the use of disadvantages but the courts of recognized constitutional law in order to evade judicial review undermines our constitutional form of government and weakens our common freedom,” he wrote.

He said he was concerned that some states could use the same approach to restrict gun rights.

He also expressed his concern about the part of the law that allows rapists’ relatives to sue.

“Finally, there is a risk that this legislation will inflict trauma on victims by giving criminals and family members rapists financial incentives,” he wrote.

He concluded the letter by urging MPs to fix these problems to avoid unintended consequences “to ensure that the state adequately protects the interests of victims of sexual offenses.

There is little facing the main challenge from the far-right McGeachin, the governor backed by former President Donald Trump.

Republican Rep. Steven Harris said in a statement following the March 14 vote: “This bill ensures that the people of Idaho can stand up for our values ​​and do everything in our power to prevent the deliberate destruction of the innocent. human life. “

The governor of Idaho signs an abortion ban modeled on Texas law

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