Idaho Passes Law Restricting Out-of-State Travel for Abortions, Sparking Legal Challenges

Idaho has become the first state to pass a law explicitly restricting some out-of-state travel for abortions. On Wednesday evening, Idaho Gov. Brad Little (R) signed a first-of-its-kind law, which bans minors from traveling out of state for an abortion without parental consent.

The new legislation makes helping a pregnant minor get an abortion, whether through medication or a procedure, in another state punishable by two to five years in prison. Terminating a pregnancy is illegal in the state unless it saves the life of the mother or in cases of rape and incest in which the survivor has reported the incident to law enforcement.

Abortion has been banned at all stages of pregnancy in Idaho since August — a result of the Supreme Court’s decision to overturn Roe v. Wade. Experts had warned TPM back when the Supreme Court let Texas’ bounty-hunter law stand that these jurisdictional disputes would be the new front in the abortion war: red states seeking to police the procedure across their borders, and blue states trying to protect their providers from out-of-state prosecutions.

Although Oklahoma and Texas allow lawsuits against people who help facilitate out-of-state abortions, Idaho is the first state to pass a law explicitly restricting some out-of-state travel for abortions. The law is seen as a way for red states to limit access to abortion for minors, who may not be able to obtain parental consent.

The new law is likely to face legal challenges, as it is seen as a violation of the right to privacy and a restriction on the right to travel. It remains to be seen how the law will be enforced and how it will affect access to abortion in Idaho and other states.