New Abortion Law Faces First Legal Challenge Aclu, Planned Parenthood Ask For Ban Of Law, Say It’s Too Vague

Planned Parenthood and the American Civil Liberties Union asked a federal judge Wednesday to block a new Idaho law they contend imposes an unconstitutional “undue burden” on women seeking abortions.

No date was set for a hearing before U.S. District Judge B. Lynn Winmill on the complaint against a law the groups say would, by intimidating doctors and making the process much more difficult on women, essentially ban all abortions after the 13th week of pregnancy.

“We are bringing this challenge quickly to protect women who won’t be able to get an abortion, especially a second-trimester abortion,” said Jack Van Valkenburgh, executive director of the ACLU of Idaho. “The new law subjects Idaho doctors to criminal prosecution, loss of license and civil liability, all for violating a ban that has not been medically defined.”

Supporters argue the new statute only outlaws a late-term procedure they call partial-birth abortion. But when Gov. Phil Batt signed House Bill 576 into law Monday, even he acknowledged it “may result in a losing constitutional challenge.”

Courts in 13 states already have either blocked enforcement or voided similar laws on grounds that they are unconstitutionally vague. Idaho became the 19th state to enact the law. In five states those laws have not been challenged, but Idaho Attorney General Al Lance has joined a case led by Ohio seeking a U.S. Supreme Court ruling on the issue.

Congress has twice passed laws similar to Idaho’s new statute, and both times President Clinton has vetoed them.

Ken Holzer, one of the ACLU of Idaho’s cooperating attorneys, said the new state law’s reference to “partial-birth” could apply to any type of abortion except hysterotomy - essentially a cesarean section - or hysterectomy, which involves the complete removal of a woman’s uterus. And he said those are the most extreme and dangerous alternatives.

“Because of the act’s vagueness, prosecuting attorneys may differ widely over what conduct they believe is proscribed by the act. The act thus subjects physicians to arbitrary and discriminatory enforcement,” according to the complaint.

Violations are felonies punishable by up to five years in prison and a $5,000 fine, and physicians also could face civil lawsuits if they do not get consent for the abortion from a women’s husband or, in the case of minors, her parents.