The Idaho Way: Idaho’s response to federal lawsuit over abortion ban was weak
By Scott McIntosh, opinion editor
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The U.S. Department of Justice’s lawsuit against the state of Idaho — the first such lawsuit the federal government has filed against a state in the wake of the overturning of Roe v. Wade — is based on important matters of life and death, and raises legitimate questions about how Idaho’s abortion ban would be implemented.
In essence, the DOJ lawsuit contends that Idaho’s trigger law is a violation of the federal Emergency Medical Treatment and Labor Act because it “preemptively criminalizes all abortions … even where a denial of care will likely result in the death of the patient,” U.S. Associate Attorney General Vanita Gupta said during a news conference Tuesday.
The medical community for the past several weeks has been raising these alarms over Idaho’s abortion ban.
The arguments presented by the DOJ bring up valid points that would be well-suited for debate in a court of law.
Unfortunately, Idaho’s politicians responded to the lawsuit not with their own cogent legal arguments and reasoning, but with mumbo jumbo about state sovereignty, “federal meddling” and claims that the lawsuit is “politically motivated,” in the words of Idaho Attorney General Lawrence Wasden, who said he wished the DOJ would just sit down and talk about it first.
Gov. Brad Little used the opportunity to slam President Joe Biden over inflation and the Mexico border.
If this is our (juvenile) response, Idaho is in legal trouble, writes the editorial board.
Trash or treasure?
One person’s trash is another person’s treasure.
After I wrote a column a couple of weeks ago about Terry Botkin, who owned and operated Boise Car Upholstery for 40 years, a few readers asked what’s going to happen with the building now that he’s retiring. It’s a unique building with an interesting history.
I went looking for answers. Here’s what I found out.
Burn pit legislation
Idaho’s Sens. Jim Risch and Mike Crapo cannot be accused of hypocrisy.
If there’s one thing you have to admire in Idaho’s Senate delegation, it’s their consistency. Unlike many of their Republican colleagues, they didn’t reverse their votes on the Honoring our PACT Act, which would provide health care to veterans of the Iraq and Afghanistan wars who have developed injuries and diseases related to exposure to burn pits and extend benefits for Vietnam veterans exposed to Agent Orange.
They simply have shown principled and consistent opposition to providing veterans with adequate health care, writes opinion writer Bryan Clark.
‘Hero of Main Street’?
U.S. Sen. Mike Crapo recently touted his receipt of a “Hero of Main Street” award from the National Retail Federation. While he represents such small, local businesses as Walmart, the NFR’s decision to give the award to Crapo should assure everyday Idahoans that he has their back. But look at Crapo’s legislative activities in the past few months and they are dominated by the concerns of Wall Street — specifically the pharmaceutical industry, a lucrative campaign donor.
Health care decisions
A couple sits in front me, staring intently while I tell them the worst news of their lives. They try to hold it together as I explain a pregnancy complication they have never heard of but which will change their lives forever.
At the end of the conversation, I make sure they know that what is happening is not their fault; sometimes complications arise. I tell them I’m sorry that they have found themselves in this gut-wrenching position and that they are not alone.
This week, a maternal-fetal medicine physician in Boise provides some examples in which the continuation of a pregnancy would end in harm or even death if her health care providers are unable to act in a medically appropriate and timely manner.
Idaho’s current abortion ban and its vague language places health care providers in a position of not being able to help.
“It forces us to sit and watch the inevitable happen when we had all the means to avoid major health consequences and bad outcomes,” she writes in this guest opinion piece.
McGeachin responds
Idaho Lt. Gov. Janice McGeachin sent us a guest opinion piece responding to our recent editorial about giving a staff member a hefty raise.
“Throughout the remainder of this year, my office will continue to offer comprehensive constituent services, as has always been our priority,” she writes. “We are also working to strengthen our state’s election integrity efforts and expand school choice.”
You can read her full guest opinion piece here.
Losing lawsuits
On June 8, the U.S. District Court for Idaho ordered the state to — yet again — pay over $320,000 in attorneys’ fee to plaintiffs after it unsuccessfully defended an Idaho law prohibiting individuals from changing the gender markers on their birth certificates.
A member of the legal team that successfully challenged that anti-transgender birth certificate law explains how the Idaho Legislature, by passing bad legislation, is costing Idaho taxpayers millions of dollars.
Taking on ‘big tech’
U.S. Sen. Amy Klobuchar, D-Minnesota, is pressing hard for a vote in the U.S. Senate on her antitrust legislation (S.2992) aimed at “big tech.” The Idaho Chamber Alliance, representing more than 10,000 business owners across Idaho, is opposed to this bill and has encouraged Sens. Mike Crapo and Jim Risch, both R-Idaho, to oppose it, as well. Read the group’s guest opinion piece here.
I’m listening
Send me your story ideas, news tips, questions, comments, or anything else on your mind. You can reach me via email at smcintosh@idahostatesman.com.
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What you’re saying
This week, we received letters to the editor on abortion, protecting children once they’re born, pet safety laws, pickleball popularity and problems with the Idaho Republican Party. You can read these and more letters by clicking here.
You can submit a letter to the editor or guest opinion by clicking here.
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