Idaho
Idaho’s ‘abortion trafficking’ law mostly can be enforced as lawsuit proceeds, court rules
BOISE, Idaho — A federal appeals court on Monday ruled that most of Idaho’s first-in-the-nation law that makes it illegal to help minors get an abortion without the consent of their parents can take effect while a lawsuit challenging its constitutionality continues.
The decision by the 9th U.S. Circuit Court of Appeals said the statute’s prohibition on helping a minor get an abortion by harboring and transporting them with the intent to conceal the procedure from the minor’s parents is likely to be found constitutional and can be enforced.
Part of the law remains blocked, however. The court found that the law’s prohibition on “recruiting” pregnant youth violates the First Amendment. That means prosecutors, for now, will not be able to charge a person with “recruiting” or influencing a minor to have an abortion.
“Encouragement, counseling, and emotional support are plainly protected speech,” the court wrote, even when that speech happens in the “context of deciding whether to have an abortion.”
The ruling largely reverses U.S. Magistrate Judge Debora K. Grasham’s decision, which prevented the law from being enforced after opponents sued the state in the summer of 2023.
Abortion is banned in Idaho at all stages of pregnancy, and the law enacted in 2023 was designed to prevent minors from getting abortions in states where the procedure is legal if they don’t have their parents’ permission.
Supporters of the law call it an “abortion trafficking” ban. Opponents say it is an unconstitutional prohibition on interstate travel and free speech rights. Both sides framed Monday’s ruling as a victory.
“This decision is a significant victory for the plaintiffs, as it frees Idahoans to talk with pregnant minors about abortion health care,” Wendy Heipt, a lawyer for the plaintiffs, said in an emailed statement Monday.
She said the plaintiffs, which include multiple advocacy groups, are also considering their appeal options.
Idaho Attorney General Raúl Labrador in an emailed statement called the ruling a victory for the state.
“Idaho’s laws were passed specifically to protect the life of the unborn and the life of the mother, Labrador said. “Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho.”
The law makes it illegal to either obtain abortion pills for a minor or to help them leave the state for an abortion without their parents’ knowledge and consent. Anyone convicted will face two to five years in prison and could also be sued by the minor’s parent or guardian. A parent 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.
Idaho
Charges dropped against BYU-Idaho student accused of kidnapping baby at Costco – East Idaho News
Bonneville County Prosecutor Randy Neal describes a new video from Costco over the incident involving an alleged kidnapping prior to Thanksgiving. | Daniel V. Ramirez, EastIdahoNews.com
IDAHO FALLS — Weeks after a BYU-Idaho student was accused of kidnapping a baby from Costco, the Bonneville County Prosecutor announced Thursday afternoon that charges will be dismissed.
During a news conference, Prosecutor Randy Neal showed three videos from inside Costco during the alleged incident on Nov. 24, which led to Michael Raine, 24, being charged with felony second-degree kidnapping.
According to court documents, Raine was looking at books inside the store and a cart with a baby was nearby.
RELATED | BYU-Idaho student accused of kidnapping 4-week-old baby in Costco
The document states that Raine “looked around” and then grabbed the cart and walked away.
The issue for officials was what occurred once Raine rounded the corner with the cart and the baby.
Neal said the new video shows Raine walking away with the cart, and the baby’s mother finding him almost immediately. The prosecutor explained that when pursuing cases, a prosecutor reviews the evidence and determines whether, beyond a reasonable doubt, the action was a crime.
“For a prosecutor, the analysis is whether there is a rational basis for someone to conclude, beyond a reasonable doubt, that they are to a moral certainty, that this is a crime? I don’t think that we can say that,” Neal said.
Neal said the surveillance videos from Costco show that Raine had no intention of running away with that cart.
WATCH COSTCO SURVEILLANCE VIDEO HERE:
The other aspect is that Raine didn’t leave the store after the incident, which, according to the documents, indicates the student had purchased items and eaten at the food court.
Looking at the reasons for Raine’s arrest, Idaho Falls Police Chief Bryce Johnson said at the time, there was only one single video, and based on what was seen, Raine’s actions were found to be suspicious.
Another factor that influenced Raine’s arrest was his trip to the United States Marine Corps Recruiting station in Boise on Nov. 25.
“The detectives were consulting with the prosecutors and made the proper decision at that time in the interest of public safety, based on probable cause, to make that arrest,” Johnson said. “That just doesn’t end the case. There’s a requirement to keep on going.”
Johnson and Neal discussed how detectives met with the mother of the baby and went over the events in a cognitive interview. Neal said this type of interview is a narrative recount of the events by the victim, without any questions being asked.
“Often, the mind will just start filling in pieces in order to make it make sense to them,” Neal said.
Detectives worked on recreating the incident at Costco with the mother, but Neal said some of the mother’s version of events were inaccurate in terms of the cart placement and other minor details.
Neal said Natalie Millett was told charges have been dropped.
In a statement to the media, Millett said the event has caused the emotional pain that words can’t describe and will impact her for life.
“I believe it was miraculous that I ran in the right direction and recovered my baby swiftly, but the outcome could have been so different had I not listened to my intuition and impressions that day,” Millett said.
After being informed that the charges against Raine would be dismissed, Millett stated that she does feel at peace because she has done everything in her power.
One of the major talking points of the conference and in Millett’s statement is the reaction and comments from social media that have attacked her and made egregious remarks about people involved.
“To sit in your basement and write poison is just really disgusting. It’s just inappropriate,” Neal said.
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Idaho
Drivers urged to exercise caution amid potential flooding in North Idaho
BOISE, Idaho (CBS2) — The Idaho Transportation Department (ITD) is warning drivers in North Idaho to be vigilant as rising water levels from recent rainfall and runoff may lead to roadway flooding and washouts.
ITD crews are actively monitoring the situation and are prepared to respond as conditions change. Drivers are advised to exercise extra caution, particularly in lowland areas, where conditions can shift rapidly. ITD strongly recommends against driving through standing water, as it can be difficult to gauge its depth or identify hidden hazards. Water intake can also cause significant damage to vehicles. For updates on detours and road closures, drivers are encouraged to visit Idaho 511.
Idaho
Notre Dame pulls away from Idaho, wins 80-65 despite missing leading scorer Markus Burton
SOUTH BEND, Ind. (AP) — Jalen Haralson scored 20 points, Carson Towt had 19 points and 15 rebounds and Notre Dame pulled away late to beat Idaho 80-65 despite playing without leading scorer Markus Burton on Wednesday night.
Burton, who leads the Fighting Irish at 18.5 ppg, was to have had surgery Wednesday on his left ankle after suffering an injury in Notre Dame’s previous game, an 87-85 overtime win over TCU. He is expected to be out “for the foreseeable future,” according to the school.
Haralson was 8-of-16 shooting and Towt was 9 of 12 in collecting his third double-double this season. Cole Certa had a trio of 3-pointers and 15 points and Braeden Shrewsberry made four 3s and scored 14. The Irish (8-3) shot 52% and made 9 of 14 from the arc in winning their third straight game and improving to 6-0 at home.
Biko Johnson made three 3s and scored 19 points and Jackson Rasmussen added 16 points though the pair combined for only eight second-half points for Idaho (6-4). Brody Rowbury added 11 points. The Vandals shot 40% and made 10 of 24 3-pointers.
Tied 33-all at halftime, Notre Dame never trailed in the second half, going up 61-51 with nine minutes to go after Certa scored the first seven points in an 11-2 run. The Vandals got back within four with six minutes left on a Johnson 3-pointer but that was their final field goal. Shrewsberry and Certa hit 3-pointers in a game-ending 12-1 run.
Up next
Idaho is home against Evergreen State on Sunday.
Notre Dame is home against Evansville on Sunday.
___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college basketball: https://apnews.com/hub/ap-top-25-college-basketball-poll and https://apnews.com/hub/college-basketball
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