Idaho earlier this month became the first state to pass a bill to prevent people from leaving the state for an abortion. The bill, which was signed into law by Republican Gov. Brad Little, creates a new crime called “abortion trafficking,” making it illegal for an adult to help a minor get an abortion if they are not their legal guardian. That includes simply transporting them to where they’d be receiving abortion care. Penalties include up to five years in prison.
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[In a letter to Little, Washington governor Jay Inslee wrote,] “our residents, in particular the women and girls of Washington, will be in grave danger if they travel to your state and find themselves in need of urgent reproductive health care services."
"Make no mistake, Governor Little, the laws of another state that seek to punish anyone in Washington for lawful actions taken in Washington will not stand,” Inslee added.
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It’s not clear that you could stop adults from traveling, constitutionally. There would be challenges to that.
There will be challenges for minors, too, but I guess it’s easier to violate the rights of minors — constitutionally and politically. We’re seeing the GOP fall back on parental rights arguments in a number of settings.
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I don’t think this is supposed to be the end point. I think this is a trial balloon.
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This is a model bill. It’s patterned on a proposal from the National Right to Life Committee, which is one of the major, national anti-abortion groups. It’s not some homegrown Idaho idea. It was intended to be copied by legislatures everywhere.
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Ask yourself how Idaho passed this bill. It was because Idaho voters elected or reelected Republican supermajorities and a Republican governor. Whether it’s attributable to political polarization or gerrymandering or both, there are a lot of state legislative seats that are essentially safe seats.
Aaron Rupar Substack
Gilead in Idaho.
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