Five Points On Idaho’s Newly Passed, First-Of-Its-Kind Abortion Ban

Idaho Gov. Brad Little (R) signed a first-of-its-kind law Wednesday evening, which bans minors from traveling out of state for an abortion without parental consent.  


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1454128

Oh Idaho what do with you.

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Multiple Idaho hospitals have already announced that they’re shuttering their labor and delivery wards, citing staff shortages and difficulty in recruiting qualified physicians amid the state’s “political climate.”

Need we say more.

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brutal. I felt fixated on this wording: “Any female upon whom an abortion has been attempted or performed, the father of the preborn child, a grandparent of the preborn child, a sibling of the preborn child, or an aunt or uncle of the preborn child…”

The wording speaks of the ‘female’ as a piece of property, but the ‘father’ as someone with agency. this really stood out to me, very creepy… as in ‘who has dibs on this female’

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NAL. Would this violate the Interstate Commerce Clause?

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"We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives." – Justice Samuel Alito

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Well especially since in northern ID hospitals will have the bare minimum of labor and delivery wards, are they going to set up border crossings into other states? Will all females have to pee on a stick?

I’m betting they’re giving more agency to the “father” of the preborn because have of the genic material which makes up newborn comes to him.
So when will we start to see the “every sperm is sacred” legislation?

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Yeah, very striking that even with all this creepy “preborn child” references they say “female” instead of “mother of the preborn child”.

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yes ! the preborn is spoken about with more agency than the female. very creepy

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There appears to be no limit to what these fascist degenerates will try to do. NAL so may be missing the obvious: How can one state decide what a person is not allowed to do in another state?

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This is an excellent issue to be addressed by some of the legal folks commenting in TPM.

How is it acceptable for a state to ban one of its citizens for traveling to another state for any purpose that is legal in the other state? I could see that if you were attempting to purchase something that is illegal to own in you home state, and plan to bring it back across the border, that might be a question (states have cigarette tax laws, for example), but a woman isn’t purchasing the baby that she delivers.

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Unsurprisingly the fascistgop continues its immoral war on the majority of this nation’s citizens.

How they continue to get votes at all is somewhat of a headscratcher (other than they have the racist and bigot vote locked up). Between their very unpopular political positions and the current legal jeopardy of ‘The Chosen One’ I think the fascists are soon to find less and less of their current base is willing to support them at the polls.

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The Idaho law tries to sidestep this issue by only criminalizing the part of the trip to another state that takes place within Idaho.

Well great, then there’s an easy fix. Drive to the border for any other purpose, including exploring the theoretical possibility of an abortion. Maybe you book another exploratory appointment with an out-of-state adoption agency, Or whatever. Just don’t decide to actually go through with it until you’re in another state.

I’m sure neighboring state clinics would oblige by scheduling Idaho clients for family-planning consultation rather than a particular medical procedure.

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Just a reminder: A generation ago Idaho hated fascists. At this rate February 23 will be celebrating February 23 as Dick Butler Day, a statewide holiday.

Fun Fact: Richard Butler’s middle name was Girnt.

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Need we say more.

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So, pretty much a bald faced lie right there…

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  1. "only criminalizing the part of the trip to another state that takes place within Idaho"

    Fine by me. Keep a close eye on those right-wingers and make damn sure they stop trying to hide their abortions.

  2. "two-to-five years in jail for helping a person under the age of 18 get an abortion or get abortion pills without permission from a parent or guardian"

    To clarify, or from their abuser.

  3. "circumvent any local prosecutors resistant to enforcing the new law"

    Not only Big Government but centralized power, like Russia.

  4. "shift the criminality from a person who raped the minor to the person helping her get an abortion."

    In Idaho, good, young girls rank lower than lawless incels who get better representation.

  5. "rates Washington and Oregon as “protective” and “most protective” of the procedure, respectively"

    Idaho must build a wall to save the country?

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It seems to me that Idaho’s pro-life stand is only about the fetus before it comes out of the chute and hits the ground, then the attitude quickly changes to a hearty fuck you!

Sad!

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But fortunately, the law does not ban pregnant justices from traveling on private aircrafts or super yachts funded by others to get an abortion elsewhere.

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This will further impact life expectancy in red states

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