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Posted: 2023-03-28T19:04:42Z | Updated: 2023-03-30T02:08:04Z

Idaho already has some of the most extreme abortion restrictions on the books, with nearly all abortions banned in the state and an affirmative defense law that essentially asserts any doctor who provides an abortion is guilty until proven innocent. And now Idaho Republicans have set their sights on hindering certain residents from traveling out of state to get an abortion.

House Bill 242 , which passed through the state House and is likely to move quickly through the Senate, seeks to limit minors ability to travel for abortion care without parental consent. The legislation would create a whole new crime dubbed abortion trafficking which is defined in the bill as an adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion or obtains an abortion-inducing drug for the minor. Recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking, the legislation adds.

Abortion trafficking would be a felony, and those found guilty would face two to five years in prison. The legislation also includes a statute allowing the Idaho attorney general to supersede any local prosecutors decision, preemptively thwarting any prosecutor who vows not to enforce such an extreme law.

Since the bill would criminalize anyone transporting a pregnant minor without parental consent within the state to get an abortion or to obtain medication abortion, it could apply to an aunt who drives a pregnant minor to the post office to pick up a package that includes abortion pills. Or it could target an older sibling who drives a pregnant minor to a friends house to self-manage an abortion at home. Either violation would carry a minimum sentence of two years in prison.

The legislation doesnt actually say anything about crossing state lines, but Republican lawmakers are creative. Most pregnant people in Idaho are not traveling to obtain an abortion elsewhere in the state, since nearly all abortions are illegal in Idaho; theyre traveling to the border with the intent of crossing state lines, likely into Washington, Oregon or Montana, to get an abortion there.

Technically, theyre not criminalizing people driving in Washington state with a minor. The crime is the time that someone is driving the minor in Idaho, said David Cohen , a law professor at Philadelphias Drexel University whose work focuses on constitutional law and abortion policy.

Theyre going to say what theyre doing is just criminalizing actions that take place completely within Idaho, but in practice what theyre criminalizing is the person helping the minor, Cohen, who also litigates abortion-related cases with the Womens Law Project nonprofit, told HuffPost.

State Rep. Barbara Ehardt (R), one of the sponsors of the abortion trafficking bill, said plainly that the intent of the legislation is to limit minors ability to travel out of state without parental consent.

Its already illegal to get an abortion here in the state of Idaho, she told HuffPost. So, it would be taking that child across the border, and if that happens without the permission of the parent, thats where well be able to hold accountable those that would subvert a parents right.

In the past, a bill like this would have been brushed aside as political fodder, never to become law. But Idaho has seen a Christian white nationalist insurgency in recent years, helping to create a legislature thats quickly gone down the far-right rabbit hole including by introducing legislation that would bring back firing squad executions , or make it a crime punishable by life in prison for a parent to get gender-affirming care for their transgender child.

My colleagues are just rabid about denying all access to abortion care.

- Idaho Senate Minority Leader Melissa Wintrow (D)

Since the Supreme Court overturned Roe v. Wade in June, the country has yet to find the floor on how extreme abortion restrictions can get and Republicans in Idaho are actively testing the waters.

The far right has an incremental plan. Its death by a thousand cuts on many things, but theyre especially unrelenting on abortion, Idaho Senate Minority Leader Melissa Wintrow (D) told HuffPost. My colleagues are just rabid about denying all access to abortion care. Its really harmful to women, and its harmful to our state.

The abortion trafficking bill is rapidly advancing through the Legislature. It passed along party lines in the state House (57-12-1) earlier this month with less than 10 minutes of floor discussion. The final roadblock for the bill was the Senate State Affairs Committee, which on Monday agreed to hold a full Senate vote. A handful of amendments, which dont substantively change the bill, were added on Monday, meaning the bill will head back to the House for a full vote after the Senate vote takes place. Its extremely likely to pass in the Senate, where Republicans outnumber Democrats 4 to 1, and in the House, which has already passed the bill once. Gov. Brad Little (R), a devout anti-abortion advocate and the first governor to enact a copycat of Texas infamous bounty hunter abortion restriction, is likely to sign the bill into law.

Wintrow is prepared to fight the legislation in the Senate, but shes only one of 18 Democrats in a Legislature of 105 members. Shes not optimistic, despite being acutely aware of just how devastating a bill like this could be for minors, physicians and the greater health care system in Idaho.

It feels terribly inevitable that this bill will pass, said Wintrow, who has been teaching gender studies at Boise State University for over 20 years. Thats what were facing. Thats my fear. Thats the pit in my stomach.

Ehardt stressed to HuffPost that the bill is about parental rights.

What we want to make sure of is that parents are the ones who are in charge of their children. Parents are the ones who need to be involved in helping to make these decisions, she said.

A parent absolutely still has the right to take their child across the border and get an abortion, Ehardt added. The parent still has the right to cede that power and authority to someone else, such as a grandparent or an aunt, to take that child, should they be pregnant, across the border and get an abortion.