By Dave Andrusko
The Idaho Supreme Court announced on Wednesday that it will hear oral arguments in a lawsuit brought by a regional Planned Parenthood organization against the Fetal Heartbeat Preborn Child Protection Act. The date was set for August 3 when the justices will hear arguments pro and con over a law that bans abortion after around six weeks, when a preborn child’s heartbeat can be detected.
The law is modeled after a Texas law which is enforced through civil remedies – lawsuits – rather than criminal penalties. That law has survived numerous challenges and is in effect now saving lives.
“In its lawsuit, the group contends the Idaho law is unconstitutional because it violates an individuals’ right to privacy and its enforcement mechanism violates the constitutional separation of powers,” according to Rebecca Boone of the Associated Press.
Boone notes that if the Supreme Court overturns Roe v. Wade, “another Idaho anti-abortion law enacted in 2020 will go into effect.” The so-called “trigger” law makes it a felony “to perform abortions or attempt to perform abortions, unless they are done to save a patients’ lives or in cases where the pregnancies were the result of rape or incest reported to law enforcement.”