Abortion Plan May Be Unconstitutional

Attorney General Al Lance on Wednesday said he believes the proposed initiative banning abortions after the first 13 weeks of pregnancy is unconstitutional.

In a five-page review required under state law of all initiatives, Lance said the ban violates Supreme Court rulings that preclude state restrictions on abortions through the 20th week of pregnancy and authorize abortions after that time not only to protect the life, but also the health, of the mother.

“Abortion is one of the most divisive issues this country has faced,” wrote Lance, who as a state legislator in 1990 voted for even more stringent restrictions on abortion.

“To those who are pro-choice, what is at stake is the right of an individual, married or single, to be free from unwarranted government intrusion,” he wrote. “For those who are pro-life, … legalizing abortion is simply authorizing adults, with the approval of the law, to take the lives of children not yet born.”

With the adverse ruling, Idaho Citizens Alliance founder Kelly Walton said initiative backers would probably rewrite the proposition in response to Lance’s critique.

“We’re taking a very serious look at the attorney general’s work,” Walton said shortly after the legal review was released. “It’s clear they have dealt with the issues and have issued a well-thought-out opinion. We will probably take their recommendations into action.”

Modifications to the initiative must be filed by the second week in August.