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Opinion: What happens when Idaho’s trigger law takes effect?

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Opinion: What happens when Idaho’s trigger law takes effect?


The Supreme Courtroom on June 24, 2022, in Dodds v. Jackson’s Girls’s Well being Group dominated that abortion shouldn’t be a constitutionally protected proper because the Structure makes no categorical reference to abortion and this proper, in response to Justice Alito, shouldn’t be deeply rooted in our nation’s historical past. Accordingly, the Courtroom struck down Roe v. Wade and 49 years of precedent supporting abortion rights.

What does that imply for Idaho?

It signifies that Idaho, in addition to different states, could make their very own legal guidelines relating to abortion.

Does Idaho have a set off regulation?

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(1) However some other provision of regulation, this part shall turn into efficient thirty (30) days following the prevalence of ….. (a) The issuance of the judgment in any choice of america supreme courtroom that restores to the states their authority to ban abortion; so Idaho’s set off regulation will take impact 30 days after June 24, 2022.

Individuals are additionally studying…

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What’s the new regulation in Idaho?

The states’ had been prohibited from outlawing abortion beneath Roe through the first trimester, and in Casey, previous to viability of the fetus. Now, abortion is unlawful and punished as a felony at conception in Idaho.

I.C. 18-622 (2) Each one who performs or makes an attempt to carry out an abortion as outlined on this chapter commits the crime of legal abortion. Prison abortion shall be a felony punishable by a sentence of imprisonment of at least two (2) years and not more than (5) years in jail.

1) “Abortion” means the usage of any means to deliberately terminate the clinically diagnosable being pregnant of a girl with data that the termination by these means will, with affordable chance, trigger the loss of life of the unborn little one besides that, for the needs of this chapter, abortion shall not imply the usage of an intrauterine system or contraception capsule to inhibit or forestall ovulations, fertilization or the implantation of a fertilized ovum throughout the uterus. I.C. 18-604(1)

Unborn little one means a person organism of the species Homo sapiens from fertilization till dwell beginning. See I.C. 18-604(5)

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Are contraceptives authorized in Idaho?

Idaho doesn’t prohibit contraceptives, however does prohibit promoting them. Promoting medicines or different technique of contraception by a non doctor is a felony in Idaho. I.C. 18-603. This regulation previous to Dodds would have been struck down as unconstitutional.

What about girls who carry out an abortion on themselves? Is that unlawful in Idaho?

Sure. Each lady who knowingly submits to an abortion or solicits of one other, for herself, the manufacturing of an abortion, or who purposely terminates her personal being pregnant in any other case than by a dwell beginning, shall be deemed responsible of a felony and shall be fined to not exceed 5 thousand {dollars} ($5,000) and/or imprisoned within the state jail for not lower than one (1) and no more than 5 (5) years. I.C. 18-606(2)

Are there any exceptions?

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Sure. An affirmative protection to prosecution for offering an abortion could also be that the abortion was carried out so as to forestall the loss of life of a pregnant lady. I.C. 18-622(3)(a)(ii).

What about different exceptions, corresponding to a girl’s well being, the upcoming loss of life of a kid after beginning, rape and incest, or being pregnant of a single, minor little one?

Idaho regulation shouldn’t be utterly clear, however there are possible no exceptions besides stopping loss of life of the mom. I.C. 18-608 has traditionally offered exceptions to abortion within the first trimester in cases of rape, incest and particular issues to the single mom or minor. This code was amended by the laws this yr. Subsection 4 to I.C. 18-608 states that “Nothing on this part shall make authorized any abortion that’s in any other case unlawful beneath some other regulation of this state, together with part 18-622, Idaho Code.”

So we revert again to Idaho’s set off regulation, which supplies no exceptions besides loss of life.

What about Idaho Senate Invoice 1309, the heartbeat invoice in Idaho that handed this final session. What occurs to that?

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It’s possible superfluous and irrelevant now. Part 4 of 1309 states: “nothing on this part shall be construed to battle with the effectiveness of I.C. 18-622 following the prevalence of the circumstance described on this part (SCOTUS approval). Within the occasion each this part and part 18-622 are enforceable, part 18-622 shall supersede.”

What concerning the morning after capsule? Is that authorized now in Idaho?

Sure, however there’s a gray space as to when fertilization really begins. IC. 18-604 permits contraceptives, together with a contraception capsule to stop fertilization.

Sure, however not in Idaho. Some states have thought of laws penalizing the mom for journey for the aim of an abortion. This has not been thought of in Idaho. The Supreme Courtroom possible wouldn’t uphold these sorts of legal guidelines. See concurrence of Kavanaugh in Dodds choice.

Brian M. Tanner is an lawyer in Twin Falls. He could also be reached by e-mail at briantanner.esq@gmail.com

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Idaho Lawmakers looking for change when it comes to suspicious death investigations

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Idaho Lawmakers looking for change when it comes to suspicious death investigations


BOISE, Idaho — “If you are going to kill somebody, definitely do it in Idaho because you are very likely to get away with it here,” said Idaho House Minority Leader Ilana Rubel on the first day of the state legislative session. To be clear, Representative Rubel believes law enforcement does their best to protect Idahoans, and she does not truly encourage anyone to commit murder but that bold statement prompted Idaho News 6 to look into the stunning lack of standards Idaho has set for state Coroners.

“We have no standards whatsoever for when autopsies are to be conducted,” said Rep. Ilana Rubel. As a result, Idaho lawmakers are looking for a change when it comes to investigating suspicious deaths.

A state-wide, multi-year study by The Office of Performance Evaluations revealed Idaho lags behind other states, with autopsies performed in fewer than 4% of deaths between 2018 and 2022. Nationwide that number doubles to almost 8%.

“The overwhelming majority of child deaths are investigated in other states and not in Idaho,” said Rep. Rubel.

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We spoke with Ada County Coroner Rich Riffle, who provides autopsy services for a majority of Idaho coroners.

“Out of county [coroners], they bring their autopsy cases here. It’s rare that we would go to them to help with an investigation [but] we will try dang hard. If they ask, we’re going,” said Coroner Riffle.

Coroner Riffle sees firsthand the difficulties small counties face regarding suspicious deaths.

“[In] the smaller counties, you have part-time people— you know farmers, plumbers, all these people working to put food on the table for their family… oh ‘yeah by the way could you go out and do this while you’re at it?’ So it’s like, death investigations: they care, but it’s not at their frontal lobes,” explained Coroner Riffle.

Rep. Rubel, points to the high-profile murder of Tammy Daybell in 2019, Who was quickly deemed a natural death and buried without an autopsy.

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Her body had to be exhumed months later as part of an investigation that eventually led to a murder conviction for Chad Daybell.

“We would really like to see a system where we have a little bit more uniformity and access to resources where maybe the state provides some type of medical expertise,” said Rep. Rubel.

“State-wide standards I think would be a good thing, absolutely. The bottom line is still going to boil down to resources. We could have the best standards on the planet but if you don’t have the resources to do it…” nothing will happen explained Coroner Riffle.

Rep. Rubel says she and other lawmakers have started to draft legislation, and she hopes to see a bi-partisan effort to improve suspicious death investigations across the state. Coroner Riffle says he is interested in being a part of those conversations.

We’ll continue to follow this topic throughout the legislative session.

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This Idaho Theme Park Ranked as One of the Best in the U.S. — and It Has Wild West Vibes, an Earthquake-themed Coaster, and Free Water Park Admission

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This Idaho Theme Park Ranked as One of the Best in the U.S. — and It Has Wild West Vibes, an Earthquake-themed Coaster, and Free Water Park Admission


With its rugged Western landscapes, Idaho attracts visitors who want to immerse themselves in the peace, quiet, and charms of the great outdoors. But now there’s another great — and thrilling — reason to visit the Gem State.

A recent study conducted by casino sweepstakes comparison site Casinos Sweeps revealed the top 50 highest-rated theme parks in America. The site analyzed over 300 amusement parks across the country — including favorites like Dollywood,  Silver Dollar City, and Disneyland — using Tripadvisor and Google reviews. And landing in the top 30, with a solid ratio of 70 percent five-star reviews, is Silverwood Theme Park in Athol, Idaho.

The Wild West-themed park, located less than 20 miles north of Coeur d’Alene, opened in 1988 and has transformed from a local amusement park to a regional destination. With over 70 rides and attractions, it’s the largest theme park in the northwest. 

For thrill-seekers, Silverwood has an impressive array of seven rollercoasters. There’s Aftershock, an inverted, boomerang-style roller coaster as well as the Stunt Pilot, a unique, single-rail attraction, designed as a homage to the daily air shows that used to take place in the park. For those with little ones, there are also family-friendly rides, including the spinning Krazy Koaster, which runs on a figure-eight track.  And don’t miss out on Tremors, an award-winning, earthquake-themed roller coaster that takes riders through four underground tunnels.

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But for those interested in gentler excitement, Silverwood has several classic amusement park attractions, including a Ferris wheel, carousel, log flume, and drop tower. Be sure to make time to ride the Silverwood Central Railway, which takes riders on a scenic 30-minute ride around the park aboard a 1915 steam engine with views of northern Idaho.

Summertime temperatures in Athol can sometimes reach the high 80s, and a visit to Boulder Beach is an ideal way to cool off. Best of all, access to the water park is included with standard admission (prices start at $74 per person for a day pass). Guests can relax in one of two wave pools at Boulder Beach Bay or take on the 925-foot-long Eagle Hunt, the longest dueling water coaster in the country. The truly brave will want to conquer Velocity Peak, a high-speed water tower with three slides that can send riders careening off at 55 miles per hour.

Silverwood’s seasonal events are also a fan favorite, including the annual Halloween Scarywood Haunted Nights. The nighttime celebration embraces the spooky season with haunted scare zones and immersive mazes.

As for other highly rated theme parks across the West, properties such as Epic Discovery in Breckenridge, Colorado; Wildlife World Zoo, Aquarium & Safari Park in Maricopa County, Arizona; and Lagoon Amusement Park in Farmington, Utah also made Casinos Sweeps’ list.



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Legislative committee introduces bill to address DEI programs at colleges and universities in Idaho

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Legislative committee introduces bill to address DEI programs at colleges and universities in Idaho


BOISE, Idaho — An Idaho legislative committee is reviewing a draft bill titled the “Freedom of Inquiry in Higher Education,” presented by Republican Senator Ben Toews. The proposal aims to remove diversity, equity, and inclusion (DEI) offices from state-funded colleges and universities and redirect those resources to academic support programs for all students.

“My goal is to work together with our higher education partners to move us in the right direction of guaranteeing the freedom of speech and freedom of thought, which I actually believe we all desire to have on our college campuses,” Toews said.

The drafted bill would prohibit public universities from funding or supporting identity-based DEI offices, with the exception of tribal centers. It would also prevent schools from requiring students to take DEI courses unless they are part of a chosen academic program.

Toews said the bill is modeled after policies in other states.

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“We’re looking for what’s worked in other places to attempt to make sure that our universities and higher education institutions have that freedom of thought that we want,” he said.

However, Senate Minority Leader Melissa Wintrow, a Democrat, criticized the proposal, saying the committee’s focus is misplaced.

“It doesn’t feel like a productive working group. And in fact, it’s really troubling that we’re spending this amount of time and resources on talking about something that the government really shouldn’t have a role in,” Wintrow said. “We should really be focusing on what’s important to students—and that’s affordability, making sure they can pay for school, get to school, find a place to live and study and thrive.”

Josh Whitworth, executive director of the Idaho State Board of Education, said it’s important to support all students without isolating specific identity groups.

“The question is, as an institution, we want to make sure that the services that they need are not focused down on their identity, but focused on what they need,” Whitworth said. “The idea is don’t just create little groups. How do you give the support of all students to engage together and really create that holistic environment?”

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The committee will continue reviewing the draft bill in the coming weeks.





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