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Idaho’s ‘Abortion Trafficking’ Law and the 14th Amendment

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Idaho’s ‘Abortion Trafficking’ Law and the 14th Amendment


This week, Idaho Gov. Brad Little signed the primary regulation within the nation to cost adults with a criminal offense for serving to a minor acquire an abortion, both through drugs or crossing state traces, with out the father or mother’s consent.

Opponents have identified that the Idaho regulation might run afoul of rights assured below the 14th Modification to the U.S. Structure, which broadly permits residents to journey (and transport property) freely between U.S. states. The state legislature prevented points with its “abortion trafficking” regulation below the 14th Amendment by making use of the regulation to transportation solely inside its personal state borders. The regulation additionally applies to adults who acquire abortion treatment and provides it to minors with out parental data or consent. The regulation comes with a two-to-five-12 months jail time period, together with the likelihood for a civil swimsuit to be introduced by the dad and mom, and that’s not all. From the Related Press:

Dad and mom who raped their youngster will be unable to sue, although the felony penalties for anybody who helped the minor acquire an abortion will stay in impact.

The regulation additionally provides the lawyer normal the flexibility to prosecute somebody for alleged violations of the regulation, even when the county prosecutor — who would usually be answerable for submitting a felony case — declines to prosecute.

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Whereas minors do have constitutionally protected rights, the courts have additionally acknowledged limits to those rights in circumstances of minors, resembling setting an age restrict for driving a automobile or shopping for alcohol. We requested Jalopnik contributor, Michigan lawyer and explainer of authorized circumstances on YouTube, Steve Lehto about how the 14th Modification would possibly have an effect on future rulings on this regulation.

“The problem right here is of ‘transporting the minor,’” Lehto mentioned. “Whereas this might sound to invoke a prohibition towards journey, I believe the courts wouldn’t strike it down on that floor.”

Lehto pointed to comparable federal legal guidelines which limit sure sorts of journey that have been upheld by the Supreme Court docket, resembling Mann Act, an anti-human trafficking regulation which forbids the transportation of ladies or women for immoral functions. The Idaho abortion trafficking regulation is much less about proscribing journey and extra in regards to the intentions behind that touring and transporting.

“I’m not saying the statutes serve the identical objective,” Lehto advised Jalopnik. “I’m merely declaring that the Supreme Court docket didn’t appear bothered by the restriction on journey when it addressed the legality of the statute. And the Mann Act has been invoked fairly just lately: Ghislaine Maxwell and R. Kelly might each communicate to this.”

The regulation says nothing about charging a minor with a criminal offense ought to the pregnant individual ask one other minor to move them to a state that enables abortion care. A number of abortion rights teams have already promised to problem the Idaho regulation together with a number of different abortion legal guidelines just lately placed on the books.



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Idaho

Two found dead at Idaho trucking facility

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Two found dead at Idaho trucking facility


Police are investigating after two people were found deceased in a parking lot at a trucking company’s facility in Jerome, Idaho.

At 11:30 a.m. on Tuesday, January 14, the Jerome County Sheriff’s Office (JCSO) responded to the Arlo G. Lott Trucking facility in Jerome County, according to a JCSO news release.

Deputies discovered the bodies of an adult male and an adult female, both with gunshot wounds, in the lot.

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JCSO stated that the early investigation indicates a murder-suicide, and that there is no indication that anyone else was involved.

No identities have been released and the incident remains under investigation.

Anyone with information is asked to call JCSO Detective Eric Snarr at 208-595-3311.



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Kimberly girl’s basketball sits atop the 4A SCIC with win over Gooding; Tuesday Idaho prep scores

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Kimberly girl’s basketball sits atop the 4A SCIC with win over Gooding; Tuesday Idaho prep scores


GOODING, Idaho (KMVT/KSVT) — It was a battle at Gooding High School Tuesday night in the 4A Sawtooth Central Idaho Conference.

The Kimberly Bulldogs girls basketball team (10-7) took on Gooding (8-6) as both teams entered 3-0 in conference play.

Points were tough to come by in the first quarter as both teams struggled to take the lid off the basketball.

Both teams found its groove but Kimberly took a strong 12-point lead into the break.

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Gooding would close the margin in the third but the Bulldogs came to play and held off the Senators to win 68-52 and sit alone atop the conference.

Sophomore sensation Taya Plew led the Bulldogs with 20 points while freshman Brooklyn VerWey added 13 points and nine rebounds.

Hope Ward would finish in double-figures with 10 points while Ady Osborne had six points and 13 rebounds.

Gooding’s Emma Day scored 17 and Camryn Rycraft had 14.

Kimberly is back in action on Thursday to host Buhl.

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Gooding will host Wendell on Wednesday.

Other girl’s basketball scores

6A

Madison 61, Canyon Ridge 24

5A

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Burley 71, Minico 48

Mountain Home 56, Twin Falls 47

4A

Filer 41, Buhl 39

2A

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Valley 64, Murtaugh 30

  • Hailey Malone had 15 points for Valley while Peyton Stanger had eight for Murtaugh.

Raft River 54, Hagerman 23

  • Ryan Udy led the way with 16 points along with five rebounds and steals. Brooke Bingham scored 14 in the win.
  • Annalise Colt led Hageman with 11

1A

Carey 49, Hansen 18

Dietrich 72, Castleford 20



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Nampa legislator brings back Texas-style immigration bill to Idaho House committee • Idaho Capital Sun

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Nampa legislator brings back Texas-style immigration bill to Idaho House committee • Idaho Capital Sun


Rep. Jaron Crane, R-Nampa, introduced a bill on Tuesday to the Idaho House State Affairs Committee that replicates a 2023 Texas law creating a new crime called illegal entry.

According to the bill, “a person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign national at any location other than a lawful port of entry.”

The bill would allow local law enforcement officers to check the documentation status of individuals.

“This will allow law enforcement to go ahead and take fingerprints, do mug shots, and do all of the things that we would do to document the person,” Crane said. 

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The first instance of being discovered as unauthorized by law enforcement would result in a misdemeanor charge, and a second occurrence would lead to a felony charge and deportation, according to the bill. 

The bill is a replica of a controversial Texas law — Senate Bill 4 — that Texas lawmakers approved in 2023. However, the Texas law is not currently being enforced. Legal challenges from the U.S. Department of Justice and immigration advocacy organizations have repeatedly prevented its enforcement, the Texas Tribune reported

Crane said the only difference is that the Idaho bill includes a severability clause, which means that if a portion of the law is found unconstitutional, the rest of the law can still stand and be enforced. The bill also declares an existing emergency, so it would take effect immediately after receiving a signature from the governor.

Idaho state Rep. Todd Achilles (right) talks with Rep. Brooke Green, both D-Boise, prior to the Jan. 7, 2025, meeting of the House State Affairs Committee. (Pat Sutphin for the Idaho Capital Sun)

Last year, Crane introduced the same bill. The bill passed the House floor, but the legislative session ended before it could reach the Senate floor.

Rep. Todd Achilles, D-Boise, said the bill “clearly violates” the Supremacy Clause of the U.S. Constitution, which grants the federal government authority to establish laws that supersede state laws, including those related to immigration.

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Achilles said he also is concerned about the civil immunity clause in the bill, which he said weakens accountability for law enforcement. Additionally, he said he was concerned about the bill’s fiscal note. It proposes a $250,000 appropriation along with a $1 million general fund allocation, raising concerns about the potential costs associated with training, jail operations and court proceedings.

The committee voted to move the bill forward, clearing the way for a full hearing at a later date.

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