Abortion Ban

AFTER 12 WEEKS

Idaho's unconstitutional and unenforceable ban outlaws abortions performed as early as twelve weeks.  Idaho Code §§ 18-605 (Enacted 1973; Last Amended 2001), 18-613 (Enacted 1998).

A court held that Idaho's ban is unconstitutional because its language is "void for vagueness," and because the ban lacks an exception to protect women's health.  The court issued a permanent injunction prohibiting the law's enforcement.  Weyhrich v. Lance, No. CV98-0117-S-BLW (D. Idaho Oct. 12, 1999).  The U.S. Supreme Court held that a similar ban that lacks an exception to protect a woman's health and that bans more than one procedure is unconstitutional.  Stenberg v. Carhart, 530 U.S. 914 (2000).

Idaho's unconstitutional and unenforceable law makes the performance of any abortion procedure that falls within a broad definition a felony, unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury.  Penalties include a fine of up to $5000, imprisonment for two to five years, or both, and - if the person is licensed or certified to provide health care - professional discipline and a civil penalty.  Idaho Code § 18-605 (Enacted 1973; Last Amended 2001).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits the performance of certain second trimester abortions and does not contain an exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the Court has upheld a ban on a previability abortion procedure.  Click here to read more about the Federal Abortion Ban.