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Idaho governor said a new anti-abortion bill modeled after Texas law may be 'unconstitutional' and 'unwise.' He signed it anyway.

Mar 25, 2022, 00:08 IST
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Idaho Gov. Brad Little.Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images
  • Idaho's governor expressed concerns that a new abortion bill was "unconstitutional" and "unwise" before signing it into law.
  • Governor Brad Little said he was fearful it would conflict with Roe v. Wade, which established the constitutional right to an abortion.
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Idaho Gov. Brad Little called a strict abortion bill he championed "unconstitutional" and "unwise" in a letter to the President of the State Senate, obtained by the Idaho Capital Sun.

But he later signed the bill into law.

The new law in Idaho is modeled after the Texas abortion law and bans abortions after six weeks of pregnancy, which is often before many women even know they are pregnant. It makes exceptions for cases of rape or incest, if the abortion-seeker can provide a police report establishing their case.

Despite signing it into law on Wednesday, Little, a Republican, expressed concerns over the nature of the bill, saying that the law could conflict with Roe v. Wade — a 1973 Supreme Court decision that established the constitutional right to an abortion, according to the letter.

"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," Little wrote in the letter.

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He added that he had "significant concerns with the unintended consequences this legislation will have on victims of sexual assault."

The law also allows a family member of the unborn to sue the abortion provider for up to $20,000.

"Ultimately, this legislation risks retraumatizing victims by affording monetary incentives to wrongdoers and family members of rapists," Little said, according to the letter. But, the law makes some exceptions for rape victims. For instance, a rapist cannot file suit against abortion providers.

According to the New York Times, the Idaho attorney general's office had earlier issued an opinion that the new bill, if signed into law, would prohibit virtually all abortions. He added that it would most likely be found unconstitutional, echoing Little's concerns.

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