Idaho Governor Brad Little signed a bill that outlaws abortions at 6 weeks and also enables family members of aborted children to file a legal claim for damages. Senate Bill 1309, known as the “Fetal Heartbeat Preborn Child Protection Act,” amends a pre-existing state law.
It was introduced in the Senate on Feb. 11 and passed on March 3 after a 28-6 vote. The Idaho house referred the bill to its Committee for State Affairs, which recommended the law for passage on March 10. On March 14, the bill was approved by the House by a 51-14 vote.
S.B. 1309 forbids abortion after six weeks and also would permit any type of biological relative of a preborn child to file claims against “medical professionals who knowingly or recklessly attempted, performed, or induced abortion” in violation of the regulation. Fines can start at $20,000 per violation.
The regulation defines a biological family member as the “father, grandparent, brother or sister, or an aunt or uncle of the preborn youngster, “ as well as a “female upon whom an abortion has been attempted or performed.”
Shaakirrah Sanders, a law professor at the University of Idaho, told NPR that possible legal actions might trigger severe economic damage to abortion providers.
“If there are 10 siblings and parents, all of those people can sue you, and they can all get $20,000,” Sanders said. “You can see how one lawsuit could pretty much wipe out an entire clinic.”
The plan has been compared favorably to a bill in Texas that bans abortions after 6 weeks or when a fetal heartbeat is spotted. The Texas legislation also enables civil claims to be brought against abortion carriers or anybody aiding provide abortions.
“I stand in solidarity with all Idahoans who seek to protect the lives of preborn babies,” Little wrote to Lt. Gov. Janice McGeachin, the state senate president. “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.”
Idaho Democrats revealed comparable objections to the civil legal action accepted by the bill.
“The vigilante aspect of this bill is absurd,” said Idaho Democratic Rep. Lauren Necochea according to AP News. “Its impacts are cruel, and it is blatantly unconstitutional.”
Though the bill will enter into effect in 30 days, it is anticipated to be tested in court prior to the end of April.
H/T Timcast
