Despite having the state Attorney General advise him that the measure was likely unconstitutional, Idaho Governor “Butch” Otter signed a 20 week abortion ban into law. Idaho, requires that all anti-abortion bills be reviewed first by the A.G. to ensure taxpayer dollars won’t be wasted on frivolous court cases. But even though the A.G. brought up the unconstitutionality of the bill, the governor decided himself that it would probably be ok.
Via The Republic:
Earlier this year, the Idaho attorney general’s office determined the Republican-backed measure was unconstitutional under the Fourteenth Amendment “insofar as it proscribes some non-therapeutic abortions even before a fetus has reached viability.”
Otter said he met with lawmakers who raised concerns about the bill, but ultimately decided the law would not infringe on constitutional rights and legal principles laid out in the 1973 ruling in Roe v. Wade. The landmark case allows states to limit abortions when there’s a viable chance the fetus could survive outside the womb, generally considered to be between 22 and 24 weeks.
“There’s enough safeguards out in front of that, that it doesn’t infringe on Roe v. Wade,” he said.
Idaho joins Kansas and Nebraska in officially passing the legislation, which is also being considered in multiple other states. Now the question is which state will eventually field the legal challenge — and be stuck with the overall court costs.