BOISE, Idaho — The overturning of Roe v. Wade by the U.S. Supreme Court on Friday triggers a 2020 Idaho law banning all abortions except in cases of reported rape or incest, or to protect the mother’s life.
That law takes effect 30 days after the court’s decision, negating the state’s current law allowing most abortions up to viability at about 24 weeks.
“Idaho has been at the forefront of enacting new laws to protect preborn babies,” Republican Gov. Brad Little said in a statement, noting he signed the 2020 trigger law.
“However, we fully acknowledge this monumental moment in our country’s history means we must confront what (we) know will be growing needs for women and families in the months and years ahead,” he said. “We absolutely must come together like never before to support women and teens facing unexpected or unwanted pregnancies.”
Under the trigger law, the person performing the abortion could face a felony prosecution punishable by up to five years in prison.
In cases of rape or incest, the law requires pregnant women to file a police report and provide a copy of the report to the provider prior to an abortion.
This year, lawmakers also passed a Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion. That law is on hold following a challenge by Planned Parenthood. The Idaho Supreme Court is scheduled to hear arguments in August.
If the Idaho Supreme Court upholds the state’s Texas-style abortion ban, with Roe v. Wade now tossed aside, a medical provider who performs an abortion in Idaho could face a lawsuit and criminal charges.
Pregnant women in Idaho seeking abortions will have to travel out of state, with the nearest abortion providers in Washington, Oregon, Nevada and Colorado.
