Idaho on Wednesday became the first state to enact a law modelled after a Texas statute banning abortions after about six weeks of pregnancy and allowing it to be enforced through lawsuits to avoid constitutional court challenges.
Republican Gov. Brad Little signed into law the measure that allows people who would have been family members to sue a doctor who performs an abortion after cardiac activity is detected in an embryo. Still he said he had concerns about whether the law was constitutional.
"I stand in solidarity with all Idahoans who seek to protect the lives of preborn babies," Little wrote in a letter to Lt. Gov. Janice McGeachin, who is also president of the Senate.
Yet he also noted: "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."
The law in the conservative state is scheduled to take effect 30 days after the signing, but court challenges are expected. Opponents call it unconstitutional, and note that six weeks is before many women know they're pregnant.
Advanced technology can detect a first flutter of electric activity within cells in an embryo as early as six weeks. This flutter isn't a beating heart; it's cardiac activity that will eventually become a heart. An embryo is termed a fetus after the eighth week of pregnancy, and the actual heart begins to form between the ninth and 12th weeks of pregnancy.
The law allows the father, grandparents, siblings, aunts and uncles of a "preborn child" to each sue an abortion provider for a minimum of US$20,000 in damages within four years after the abortion. Rapists can't file a lawsuit under the law, but a rapist's relatives could.
"The vigilante aspect of this bill is absurd," said Idaho Democratic Rep. Lauren Necochea. "Its impacts are cruel, and it is blatantly unconstitutional."
A Planned Parenthood official called the law unconstitutional and said the group was "committed to going to every length and exploring all our options to restore Idahoans' right to abortion."
"I want to emphasize to everyone in Idaho that our doors remain open. We remain committed to helping our patients access the health care they need, including abortion," said Rebecca Gibron of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, which operates Idaho's three abortion clinics.
Backers have said the law is Idaho's best opportunity to severely restrict abortions in the state after years of trying. Most recently, the state last year passed a six-week abortion ban law, but it required a favorable federal court ruling in a similar case to take effect, and that hasn't happened.
The law is modelled after a Texas law that the U.S. Supreme Court has allowed to remain in place until a court challenge is decided on its merits. The Texas law allows ordinary citizens to enforce the law in place of state officials who normally would do so. The Texas law authorizes lawsuits against clinics, doctors and anyone who "aids or abets" an abortion that is not permitted by law.
A number of other states are pursuing similar laws, including Tennessee, which introduced a Texas-styled abortion bill on Tuesday.
Republicans in Idaho have super-majorities in both the House and Senate. The measure passed the Senate 28-6 and the House 51-14 with no Democratic support. Three House Republicans voted against the measure.
Little on Wednesday noted his concerns with the legislation.
"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," he wrote.
He said that he worried some states might use the same approach to limit gun rights.
He also noted his concern with the part of the law allowing a rapist's relatives to sue.
"Ultimately, this legislation risks retraumatizing victims by affording monetary incentives to wrongdoers and family members of rapists," he wrote.
He concluded the letter by encouraging lawmakers to fix those problems to avoid unintended consequences "to ensure the state sufficiently protects the interests of victims of sexual assault."
Republican Rep. Steven Harris, the bill's sponsor, said in a statement after the vote on March 14: "This bill makes sure that the people of Idaho can stand up for our values and do everything in our power to prevent the wanton destruction of innocent human life."
Following the re-election of former U.S. president Donald Trump, former finance minister Bill Morneau says the Canadian government should re-evaluate the timing of some cornerstone Liberal policies.
A team of tornado experts are investigating a path of damage through Wellington County.
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U.S. President Joe Biden and Vice-President Kamala Harris on Monday made their first joint appearance since her U.S. selection loss when they observed Veterans Day together by laying a wreath at the Tomb of the Unknown Soldier.
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Timmins-James Bay MP Charlie Angus was among approximately 120 people who gathered Sunday night for a candlelight vigil near the scene of a vicious attack against a 16-year-old in Cobalt.
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A government-funded report released to Â鶹´«Ã½ highlights 'systemic racism' against dozens of Black executives within the federal public service, including allegations of abuse, violence and harassment that, in some instances, led to suicide.
The federal government is urging both sides in the British Columbia port dispute to return to the table after mediated talks broke off on Saturday, the first of three scheduled days.
U.S. President Joe Biden and Vice-President Kamala Harris on Monday made their first joint appearance since her U.S. selection loss when they observed Veterans Day together by laying a wreath at the Tomb of the Unknown Soldier.
Israel’s new foreign minister said that there has been 'certain progress' in efforts to end the fighting with Lebanon’s Hezbollah.
A Spirit Airlines plane was hit by gunfire Monday over Haiti’s capital Port-au-Prince, according to diplomatic source in the country, resulting in what the airline described as “minor injuries†to one of its crew members.
New York City Mayor Eric Adams is seeking to move up the start of his trial on corruption and bribery charges so he can focus on his campaign for reelection this spring.
A man accused of killing a person and staging it as a fatal bear attack in Tennessee was taken into custody in South Carolina over the weekend on murder charges, in what authorities described as a plot to steal the victim’s identity.
With armed conflict again on their continent, many European leaders marked the end 106 years ago of First World War with warnings that liberty, so often taken as self-evident, should be cherished and defended.
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Across Canada, dignitaries marked Remembrance Day by laying wreaths at ceremonies, school children sang in the late fall chill and veterans recalled the horrors of battle.
If Earth's astronomical observatories were to pick up a signal from outer space, it would need an all-hands-on-deck effort to decipher the extraterrestrial message. A father-daughter team of citizen scientists recently deciphered the message. Its meaning, however, remains a mystery.
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A team of tornado experts are investigating a path of damage through Wellington County.
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Representatives of the Windsor Veterans Memorial Services Committee, military representatives, wreath bearers, government officials, and members of the public will attend the Cenotaph at City Hall Square for the outdoor service.
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A B.C. woman who stole more than $14,000 in volunteer-raised funds that were supposed to be spent on school supplies and programs – including hot meals for vulnerable kids – won't spend any time in jail.
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A B.C. woman who stole more than $14,000 in volunteer-raised funds that were supposed to be spent on school supplies and programs – including hot meals for vulnerable kids – won't spend any time in jail.
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The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year’s host for the Southern Alberta Summer Games.
The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.
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Timmins-James Bay MP Charlie Angus was among approximately 120 people who gathered Sunday night for a candlelight vigil near the scene of a vicious attack against a 16-year-old in Cobalt.
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Police in Newfoundland say a man was electrocuted Saturday by a downed power wire about 10 kilometres north of St. John's, N.L.
On Thursday morning, Dave Penny officially ended a suggested hundred-day isolation period that followed his diagnosis and stem cell treatment for non-Hodgkin's Lymphoma. On Thursday night, Penny returned to a stage at a downtown St. John's bar, regaling a small crowd with songs and stories with a distinctive Newfoundland flair.
A Memorial University scientist says the mysterious white blobs washing up on Newfoundland beaches are actually gobs of plastic -- and they need to be cleaned up.
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