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Thursday, Apr 6 2023

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Idaho Enacts 'Abortion Trafficking' Law For Minors, The First Of Its Kind In US

The law, signed by Republican Gov. Brad Little, bans anyone from helping a minor get abortion pills or an abortion out of state without parental consent. A conviction could bring a punishment of up to five years in prison. Separately, health groups are suing the Idaho attorney general over an interpretation of the law that would punish providers who refer patients out of state for abortions.

Idaho on Wednesday became the first state to make it illegal for minors to leave the state to get an abortion without parental consent. The new law, signed by Gov. Brad Little, would create a crime called 鈥渁bortion trafficking,鈥 carrying a penalty of two to five years in jail for anyone who helps a person under 18 get an abortion or obtain abortion pills without permission from a parent or guardian. (Chen, 4/5)

The law is the first of its kind in the U.S. and creates a new crime of 鈥 abortion trafficking,鈥 barring adults from obtaining abortion pills for a minor or 鈥渞ecruiting, harboring or transporting the pregnant minor鈥 without the consent of the minor鈥檚 parent or guardian. Anyone convicted of breaking the law will face two to five years in prison and could also be sued by the minor鈥檚 parent or guardian. Parents who raped their child will not be able to sue, though the criminal penalties for anyone who helped the minor obtain an abortion will remain in effect. (4/6)

In related news from Idaho 鈥

Planned Parenthood and the American Civil Liberties Union on Wednesday separately announced they鈥檙e filing suit against the Idaho attorney general over an interpretation of state law that would punish medical professionals who refer patients out-of-state for abortion services. Idaho鈥檚 attorney general Ra煤l Labrador issued a legal opinion last week that said state law prohibits medical providers from referring a patient across state lines to undergo an abortion, or from prescribing abortion pills for a patient to pick up across state lines.聽(Mueller, 4/5)

Idaho could be at the center of a free speech battle over abortion care. Driving the news: The American Civil Liberties Union announced Wednesday that it's suing the Idaho Attorney General for "threatening health care providers who exercise their First Amendment right to give patients information about out-of-state abortion care." (Habeshian and Gonzalez, 4/5)

21 weeks into pregnancy, Kayla and James Smith discovered their son had serious heart defects, other fetal abnormalities. Doctors said they wouldn't be operable. (Davis, 4/5)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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