Morning Briefing
Summaries of health policy coverage from major news organizations
Idaho Governor Signs Near-Total Abortion Ban Despite Fears It Is 'Unwise'
The New York Times: Idaho Governor Calls Abortion Law ‘Unwise’ But Signs It Anyway
Gov. Brad Little of Idaho signed a strict new abortion bill into law on Wednesday, even as he expressed grave concerns about the wisdom and constitutionality of the measure and warned that it could retraumatize victims of sexual assault. ... “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,” Mr. Little wrote in a message to Lt. Gov. Janice McGeachin, who is also president of the State Senate. The state attorney general’s office had previously issued an opinion saying that the bill would effectively prohibit all abortions and that it would most likely be found unconstitutional. (Baker, 3/23)
ABC News: Idaho Governor Signs Bill Banning Abortion After 6 Weeks Modeled After Texas Law
The new law also allows the father, grandparents, siblings, uncles or aunts of the fetus to sue a medical provider who performs the procedure. ... Although the Idaho law is the first in the nation to be modeled after the Texas law, there are a few differences. Both allow for exceptions in the case of a medical emergency, but the Texas law does not allow for exceptions in cases of rape or incest. In contrast, the Idaho bill does allow for such exceptions. However, women who want an abortion under those exceptions in Idaho are required to file a police report and show it to the medical provider before the abortion. (Kekatos, 3/23)
AP: Idaho Governor Signs Abortion Ban Modeled On Texas Law
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.(Ridler, 3/23)
In abortion updates from Oklahoma and Texas —
Oklahoman: Oklahoma GOP Advances Nation's Most Restrictive Anti-Abortion Law
Oklahoma is one step closer to copying a restrictive anti-abortion law implemented in Texas. But legislation advanced Tuesday by the Oklahoma House is even more restrictive than the law adopted in Texas that has forced hundreds, if not thousands, of women to seek abortions in neighboring states. Republican House legislators passed House Bill 4327 that would effectively ban most abortions by allowing private citizens to sue anyone who performs an abortion or "aids or abets" someone who pursues the procedure. (Forman, 3/23)
Newsweek: Oklahoma's Abortion Ban Would Be Even Stricter Than Texas
The Oklahoma House voted on Tuesday to ban all abortions unless it is necessary for saving the pregnant woman's life. In a 78-19 vote, the House sent HB 4327 to the Republican-controlled state Senate. If signed into law, it would surpass Texas' six-week abortion ban to become the most restrictive in the nation. Like the Texas law, the bill would allow private citizens to pursue civil actions of up to $10,000 against doctors and others who aid a woman in obtaining an abortion. (Rahman, 3/23)
The Texas Tribune: Texas Abortion Law Faces New Legal Challenge From Advocacy Groups
Two Texas abortion advocacy groups are trying a new legal strategy to strike down the state’s restrictive abortion law, which has proven very difficult so far to challenge in court. They’ve filed four lawsuits, including two in federal court, challenging the law’s constitutionality. But rather than focusing on abortion itself, the suits argue that the law is unconstitutional in other ways — violating the right to due process, free speech and equal protection under the law. Texas’ abortion law, passed last year as Senate Bill 8, empowers private citizens to sue anyone who “aids or abets” an abortion after about six weeks of pregnancy. (Klibanoff, 3/24)
And from Colorado and South Dakota —
AP: Colorado Democrats Send Abortion Access Bill To Governor
Colorado’s Democrat-led Legislature on Wednesday sent the governor a bill to codify the right to abortion in state law in a party-line response to efforts in other states to limit abortion access as well as pending constitutional challenges to the procedure. Democratic Gov. Jared Polis has said he will sign the bill into law. (3/23)
AP: Noem Signs Bill Aiming To Restrict Abortion Pill Access
South Dakota Gov. Kristi Noem on Wednesday signed a bill that would make the state one of the most difficult places to get abortion pills, though most of the law will not be enacted unless the state prevails in a federal court battle. The Republican governor pushed the legislation this year to enshrine a similar rule from her administration that attempted to require abortion-seekers to make three separate visits to a doctor to take abortion pills. But a federal court issued a preliminary injunction against that rule last month, and the bill Noem signed contains language that says the restrictions are not enforceable unless the state convinces a federal court to overturn that order. (Groves, 3/23)
