Tipsheet

Idaho Governor Signs ‘Texas-Style’ Abortion Ban Into Law

Idaho Gov. Brad Little, a Republican, signed into law Wednesday legislation that prohibits abortion in the state after six weeks gestation. The law mimics legislation enacted in Texas last September that bans abortions after fetal heartbeat detection and has saved pre-born babies. As Townhall covered this month, the bill passed the state House and state Senate before heading to the Governor’s desk.

In addition to severely restricting abortions, Idaho’s legislation allows the father of the unborn child, the grandparents, siblings, aunts and uncles to pursue legal action against a medical provider who performs an abortion. Texas’ law allows anyone to sue an individual who provides an illegal abortion or aids a woman seeking an illegal abortion.

The New York Times noted that Little expressed concerns that the statute will be at the center of lawsuits in the future. 

“While I support the pro-life policy in this legislation, I fear the novel civil enforcement mechanism will in short order be proven both unconstitutional and unwise,” Little reportedly wrote in a message to Lt. Gov. Janice McGeachin, who is the president of the Idaho Senate. Little also expressed concern that the same mechanism could be used to curb religious and firearm rights, which Gov. Gavin Newsom (D) of California plans to implement, as Rebecca  reported.

Late last year, Townhall covered how Biden’s Department of Justice (DOJ) and abortion clinics in Texas challenged the state’s “heartbeat” abortion ban at the Supreme Court. The Court fast-tracked its decision and did not allow the DOJ’s lawsuit to continue and returned the abortion clinics’ lawsuit back to a federal appeals court. 

"We knew that when Texas passed SB8, its extreme law that blatantly violates the constitutional right reaffirmed by Roe v. Wade, it would invite other states to follow," White House Press Secretary Jen Psaki said Wednesday. "Today, Idaho became the first state to adopt a similar law – a six-week restriction relying on private citizens to enforce the law."

"I stand in solidarity with all Idahoans who seek to protect the lives of preborn babies," Little added in his letter to McGeachin.