Texas-styled Idaho abortion measure advances in House

BOISE, Idaho (AP) — A House panel of Idaho lawmakers on Wednesday approved a bill that would ban abortions after cardiac activity is detected in an embryo — at about six weeks of pregnancy — by allowing extended family members of the patient to sue a doctor who performs one.

The House State Affairs Committee voted to send the measure to the full House where it is expected to pass. It has already passed the Senate. Backers see it as the state’s best opportunity to severely restrict abortions in the state after years of trying.

“Like many of our pro-life actions in the past almost 50 years, we say good things and then we don’t quite save a baby in the end, and that’s been frustrating,” said Republican Rep. Steven Harris.

Republican Gov. Brad Little last year signed a similar so-called “fetal heartbeat” measure into law. But that one would be enforced by the state and included a trigger provision requiring a favorable federal court ruling somewhere in the country, and that hasn’t happened.

The new proposed law has a private enforcement mechanism allowing civil lawsuits. It’s modeled after a Texas law that the U.S. Supreme Court has allowed to remain in place until a court challenge is decided on its merits.

“When the state is the enforcer, then the state can be enjoined by the courts,” Harris said. “With a private cause of action, it doesn’t happen.”

The proposed Idaho law allows the father, grandparents, siblings and aunts and uncles to sue an abortion provider for a minimum of $20,000 in damages within four years of the abortion. The law has exceptions for rape, incest and medical emergencies.

Opponents of the Idaho measure said it’s unconstitutional, and six weeks is before many people know they’re pregnant.

“No one’s most personal medical decisions should be controlled by politicians, family members or anyone else,” Mistie DelliCarpini-Tolman, the state director for Planned Parenthood Alliance Advocates, told lawmakers. “This bill is modeled after a flagrantly unconstitutional Texas abortion ban.”

Republican Rep. Vito Barbieri also questioned the potential legal costs involved in what will almost certainly be a lawsuit against the state. Past lawsuits challenging Idaho-approved abortion laws have resulted in Idaho taxpayers paying attorney fees to the winning side after losing in court.

“I don’t relish giving the attorneys for Planned Parenthood another payday, and I’m certain that we’re going to be in a legal challenges with this,” Barbieri said. “But any thing that will help save babies’ lives, I need to support.”

Opponents also said it would affect poorer Idaho residents, perhaps most those in abusive relationships, while wealthier residents would be able to travel out of state to exercise their constitutional rights.

“I’m thinking about what it’s going to be like for these women in these households to have their abuser and now their families hanging this threat over these women,” said Democratic Rep. Chris Mathias. “I can’t even imagine what it’s going to be like for them.”

Republican Rep. Heather Scott voted against the bill because it allowed exceptions for rape and incest.

Idaho has another abortion law already in place that would be triggered if the U.S. Supreme Court overturns Roe v. Wade, the landmark 1973 ruling that declared a nationwide right to abortion. The court has a 6-3 conservative majority following three appointments by then-President Donald Trump.

If triggered, the Idaho law passed in 2020 would ban all abortions except in cases of rape, incest or to protect the life of the mother. That law would take effect in Idaho 30 days after the Supreme Court decision.