BOISE, Idaho — A leaked Supreme Court (SCOTUS) draft opinion shows interest in overturning nearly 50 years of precedent and striking down Roe v. Wade (1973).
POLITICO published the leaked document Monday evening.
Roe v. Wade established a federal right for women to access abortion; however, "... the Constitution does not confer a right to abortion... the authority to regulate abortion must be returned to the people and their elected representatives," according to the draft opinion.
"Last night's leaked opinion makes it clear our deepest fears are coming true," Planned Parenthood Idaho State Director, Mistie DelliCarpini-Tolman said. "Our right to abortion is being crushed right now. We are in the front lines in Idaho."
Tolman's fear is founded in what's colloquially known as a 'trigger' law. Trigger laws are official laws on the books, but they are not enforced until the state is granted sufficient authority to regulate the matter in question.
Idaho lawmakers passed Senate Bill 1385 during the 2020 legislative session. The law criminalizes health care providers for preforming abortion procedures. The felony charge is punishable by up to 5 years in prison.
Exceptions for abortion exist only in the case of rape, incest, or to save the mother’s life.
This trigger law goes into effect within 30 days after, "the issuance of the judgment in any decision of the United States Supreme Court that restores to the states their authority to prohibit abortion," according to the law.
The draft opinion is not an official SCOTUS ruling and does not trigger this Idaho law. Planned Parenthood fears an official ruling could follow draft on a similar ground.
"The consequences of this supreme court decision will be swift and devastating nationwide, including right here in Idaho," DelliCarpini-Tolman said.
Idaho is one of 12 other states that have an abortion trigger law waiting in the wings, and not all health care providers are against the trigger law.
Brandi Swindell founded Stanton Healthcare in the Treasure Valley and calls the clinic "life-affirming healthcare."
"There is support already in place and service and healthcare for women facing unexpected pregnancies if and when Roe v. Wade is overturned," Swindell said. "I believe women deserve better than abortion."
Stanton provides women facing an unexpected pregnancy with cost-free healthcare through their full term. Ongoing healthcare is also provided for at least 18 months after birth, Swindell said.
"The pro-choice side is going to argue women are left with no support if they don't have unfettered access to abortion, but the truth is, Stanton is ready to go," Swindell said. "We have a proven track record of supporting women. We have a proven track record women want the services we provide."
At Stanton, 90% of women who view their ultrasound elect to go through with their pregnancy, Swindell said. Restricting abortion will disproportionately impact low-income earners who do not have the resources or travel for an abortion, according to DelliCarpini-Tolman.
Stanton has a mobile clinic they use to serve rural and underserved communities in response to this issue, according to Swindell. Regardless, Planned Parenthood argues the option for abortion is still necessary, because it is a service people will still want and need.
"If you need us, you can still come. Our doors are open. We are providing care in all six states across our affiliate," DelliCarpini-Tolman said. "We know our work has never been more vital."
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