The law protects unborn children by allowing private citizens to file lawsuits against abortionists who kill unborn children after a heartbeat has developed (at approximately 6 weeks gestation). Idaho's law includes exceptions for rape, incest, and medical emergencies. It also limits the people who can file lawsuits to close family members of the aborted child.
Republican House Speaker Scott Bedke requested that the legislature be allowed to intervene in the case challenging the law. He and other lawmakers argued that the Idaho attorney general's office “compromised its ability to defend the legislative body by expressing a legal opinion.” Idaho Attorney General Lawrence Wasden has stated that the legislation was likely unconstitutional, while Idaho Gov. Brad Little suggested that the civil enforcement mechanism might prove unconstitutional.
“Because of the governor’s letter and the opinion of the attorney general’s office, the belief is well nigh inescapable that the Idaho attorney general’s office may be muted, even compromised, in its advocacy for the Legislature and legislative power,” the legislators petitioned.
