A new Idaho abortion ban goes into effect today that will save babies from abortions, even though a federal judge issued a ruling late last night siding with the Biden administration on abortions in very rare emergency situations.
Previously, the Idaho Supreme Court allowed the state’s heartbeat law to be enforced that protects the lives of unborn babies when they have a detectable heartbeat at 6 weeks. In a 3 to 2 decision the court upheld the civil enforcement mechanism contained in the Idaho Heartbeat Law. They further stated that Planned Parenthood is unlikely to succeed in its efforts to challenge the civil enforcement mechanism or the criminal penalties of the Heartbeat Law.
The state’s highest court also rejected Planned Parenthood’s bid to block the state’s trigger law from going into effect on August 25th, which would protect babies starting at conception.
However, last night a federal judge blocked a portion of the abortion ban from going into effect — saying that abortions must be allowed in cases where the life of the mother is in danger or in medical emergencies 9which the law already allows). The Biden administration is hoping to misuse a federal law that requires protection for unborn babies to assert that aboritons have to be done in more circumstances than the law already allows. A Democrat-appointed judge sided with the administration in a decision that will assuredly be appealed.
Despite the decision, most of the Idaho abortion ban remains in force to protect babies from abortions that would protect all babies and only allow abortions when a pregnant woman’s life were endangered or if the pregnancy was a result of rape or incest that was reported to law enforcement.
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Wednesday’s decision means abortions will remain banned in most cases, but a doctor cannot be punished for performing an abortion to protect the pregnant person’s health.
That portion of the ban would’ve allowed authorities to arrest physicians and put the burden on them to prove the procedure met the conditions for exceptions to the law.
The United States “has submitted declarations from physicians explaining that there are any number of pregnancy-related complications that require emergency care mandated by [federal law] but that are forbidden by Idaho’s criminal abortion law,” wrote the Clinton-appointed District Judge B. Lynn Winmill in the ruling.
“Idaho physicians have treated such complications in the past, and it is inevitable that they will be called upon to do so in the future,” he continued.
As LifeNews reported, the Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.
Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.
Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.
Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.
Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.
The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
Polls show Americans are pro-life on abortion and a new national poll shows 75% of Americans essentially agree with the Supreme Court overturning Roe.
Despite false reports that abortion bans would prevent doctors from treating pregnant women for miscarriages or ectopic pregnancies, pro-life doctors confirm that is not the case. Some 35 states have laws making it clear that miscarriage is not abortion and every state with an abortion ban allows treatment for both.
