Idaho Republican Gov. Brad Little believes a bill that bans abortion after six weeks of pregnancy is “unconstitutional,” but he signed it into law anyway.
The anti-abortion law modeled after the Texas abortion law, bans abortions after six weeks of pregnancy and allows a family member of the unborn child to sue the abortion provider for up to $20,000.
According Insider, even though Little supports the bill he expressed concerns that it could be “unconstitutional.”
“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. Deputizing private citizens to levy hefty monetary fines on the exercise of a disfavored but judicially recognized constitutional right for the purpose of evading court review undermines our constitutional form of government and weakens our collective liberties,” Little wrote in a letter to the state Senate president. “None of the rights we treasure are off limits. How long before California, New York, and other states hostile to the First and Second Amendments use the same method to target our religious freedoms and right to bear arms?”
The bill allows for exceptions in cases of rape or incest, but only if the woman seeking the abortion can provide a police report of the incident. This is another point of concern for the governor.
Little wrote that “the challenges and delays inherent in obtaining the requisite police report render the exception meaningless for many. I am particularly concerned for those vulnerable women and children who lack the capacity or familial support to report incest and sexual assault. Ultimately, this legislation risks re-traumatizing victims by affording monetary incentives to wrongdoers and family members of rapists.”
The state’s attorney general’s office raised similar concerns about the bill’s constitutionality in February and said it would ban nearly all abortions if enacted.
“(Senate Bill) 1309 would effectively prohibit almost all abortions in the State of Idaho beginning at about six weeks gestational age 30 days after enactment. Should a court adjudicate a challenge to the law on the merits of the restriction on abortions, it would likely be found unconstitutional,” Deputy Attorney General Brian Kane said in the opinion, according to the Idaho Capital Sun.
