Bill would reinstate most provisions of failed law

BOISE – State leaders weren’t surprised Monday when the U.S. Supreme Court refused to hear an appeal of a lower court’s decision that struck down Idaho’s parental consent abortion law, but a bill expected to get legislative approval this week would reinstate most of the controversial law.

Idaho State Attorney General Lawrence Wasden issued a prepared statement, saying he recognizes “that the court can hear only a small number of the many cases presented each year.”

However, Planned Parenthood of Idaho took the court’s silence as a victory.

“We are delighted that the Supreme Court has refused to reopen this case,” said Planned Parenthood of Idaho Executive Director Rebecca Poedy.

Idaho anti-abortion activists were clearly upset with the decision.

“It is an extremely unfortunate ruling that deprives young women from the oversight and counsel of their parents before they make a major life-changing decision,” said the Rev. Bryan Fischer of Boise’s Community Church of the Valley.

It is far more common for the high court to not consider appeals than it is to hear them.

“Statistics show the Supreme Court receives about 8,000 appeals a year, but they only hear between 80 and 100,” said Bob Cooper, spokesman for the Attorney General’s office.

Jeremy Chou, an attorney with the Attorney General’s office, said there are three conflicting definitions of the term “medical emergency” in the 6th, 7th and 9th federal Circuit Courts.

“We had hoped the Supreme Court would take this opportunity to resolve a split among the circuits,” Wasden’s statement also said.

Even though the state suffered a defeat, there is a bill before the Legislature that would essentially reinstate the provisions of the law that’s been struck down.

House Bill 351, the new parental consent bill, is scheduled to come to the Senate floor this week.

The full House and a Senate committee already have passed the bill, which would go to a supportive Gov. Dirk Kempthorne if it gets the OK by the full Senate.

Kempthorne on Monday reiterated his support for the concept of a parental consent law and said he looked forward to reviewing the new bill if it passes the Senate.

“I’m on record and I’m an advocate that there should be a parental consent component,” he said.