The fact that there are people who think making interstate travel illegal is somehow constitutional is confounding. It would be more surprising if it weren’t Idaho, where legislators famously were advised that if they passed a previous bill, it would lose in court and ultimately cost taxpayers a million dollars. That bill passed. It lost in court and cost the state a million dollars. The past is predicate. This new law has zero chance of surviving legal challenges, yet here we go again.
The state of Idaho has recently passed a law that restricts access to abortion by limiting travel for the procedure. The law, named the "Idaho Abortion Complications Reporting Act," requires healthcare providers to report any complications related to abortion procedures that occur outside of Idaho to the state's Department of Health and Welfare. This includes complications that occur when Idaho residents travel out of state to obtain an abortion.
Photo by Gayatri Malhotra
The law's supporters argue that it is necessary to protect women's health and safety by ensuring that complications from abortions performed out of state are properly reported and tracked. They also argue that it is important to prevent "abortion tourism," in which women from other states travel to Idaho to obtain abortions.
However, opponents of the law argue that it is an unconstitutional attempt to restrict access to abortion. They argue that the law will make it more difficult for women to obtain abortions by forcing them to travel long distances or potentially seek unsafe, illegal abortions. They also argue that the law violates women's right to privacy and choice by requiring healthcare providers to report their patients' personal medical information to the government.
Furthermore, opponents of the law point out that complications from abortion procedures are rare and that the law is unnecessary. According to the Centers for Disease Control and Prevention, the rate of major complications from abortion procedures is less than 1%.
The law is likely to face legal challenges, as it appears to be in conflict with the Supreme Court's ruling in Roe v. Wade, which established a woman's right to choose to have an abortion. The law may also be challenged on the grounds that it violates women's right to travel under the Fourteenth Amendment.
In conclusion, the Idaho law restricting travel for abortion is a controversial measure that is likely to face legal challenges. While supporters argue that it is necessary to protect women's health and safety, opponents argue that it is an unconstitutional attempt to restrict access to abortion. As the legal battle over the law plays out, it will be important to ensure that women's right to choose to have an abortion is protected and that their access to safe and legal abortion procedures is not unduly restricted.
