The vote puts Idaho on the path to becoming the second state with a six-week ban in place.
, which appears to violate Roe v. Wade, the 1973 case that guarantees the right to an abortion up until a fetus can independently live outside the womb, something that typically occurs around 23 to 25 weeks of pregnancy. A conservative majority of justices has said abortion providers do not have the right to sue the state officials — such as court clerks — who process civil lawsuits, which makes it harder for them to challenge the law.
In Texas, anyone can sue for damages. Idaho’s bill allows only the individual or family to sue — meaning the person who received an abortion, their parents, their other children, their siblings or in-laws and whoever helped conceive the fetus. Under SB 1309, only the doctor who provided the abortion can be sued. Texas’ law held liable anyone who “aided or abetted” the provision of an abortion: someone who helped pay for the procedure or who gave a friend a ride to the clinic, for instance.
The bill has exceptions for people who become pregnant through rape or incest, but the process is likely to deter many. To qualify for this exception, the pregnant person needs to have previously reported the rape or incest to law enforcement and show a police report to the doctor providing an abortion.
In Idaho, insurance generally does not cover abortion, which costs hundreds of dollars at a minimum. Patients must make two visits to a clinic, with a 24-hour waiting period in between, before the procedure. Per the bill, doctors who perform an abortion after six weeks could face criminal charges, including jail time for two to five years and loss of their medical licenses. But those provisions would not take effect until at least one federal appeals court rules in favor of a six-week abortion ban, either in relation to this legislation or another state law. So far, no court has upheld such a law.
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