GOP mourns repeal of anti-abortion laws

BOISE – House Republicans were near tears at times Wednesday, as they found themselves in the uncomfortable position of having to support the repeal of two anti-abortion provisions in state law.

“This may be the most difficult thing I’ve ever done,” said House State Affairs Chairman Tom Loertscher, R-Iona, when presenting the bill on the House floor.

The legislation was prompted by a lawsuit last year that successfully challenged two 2015 laws banning physicians from prescribing abortion-inducing medications via “tele-health” or long-distance telecommunications systems.

Earlier this year, a federal judge agreed to give the Legislature time to repeal the laws. If they’re not taken off the books this session, they’ll be deemed unconstitutional and unenforceable.

Loertscher and other Republicans were incensed that Idaho Attorney General Lawrence Wasden accepted the court settlement, saying he essentially set law on the Legislature’s behalf.

Nevertheless, Loertscher said the bill needs to be approved to keep the courts from intruding further and preventing lawmakers from addressing the issue again in the future.

“We can’t afford to establish a (legal) precedent that precludes our ability to do something at a later time,” he said.

Rep. Vito Barbieri, R-Dalton Gardens, opposed the measure, saying if it’s approved “the marginalization of the legislative branch is complete. We have no effective check on the other branches of government and might as well acquiesce.

“Though my countenance is calm and my words measured, in my heart I’m wildly gesticulating,” he said. “I am passionately pleading, indeed, crying crocodile tears over the devastation, blood and death that is the abortion industry.”

House Majority Leader Mike Moyle, R-Star, said a no vote would just make things worse.

“A lot of us here today are uncomfortable with this, but if you’re pro-life, you hold your nose and vote yes,” he said. “If you don’t, the stipulated agreement kicks in and our ability to fix this in the future is gone. I have a real problem with the executive branch setting law through an agreement with a federal judge, but if we don’t do this, that’s what happens.”

Although he didn’t specifically mention Wasden’s office, Moyle suggested the Legislature could voice its displeasure about executive overreach by trimming an agency’s budget.

“If we want to fix it, we know how to do it,” he said.

Rep. Caroline Troy, R-Genesee, co-sponsored one of the 2015 bills. She felt the legislation protected women and women’s health.

“It’s a very sad thing to see this being unwound, (but) I’ll support passage of this bill,” she said. “I believe it’s the right thing to do.”

One of the 2015 bills was sponsored by former House Minority Leader John Rusche of Lewiston. His intent was to encourage the growth of tele-health services and to provide some guidelines for how they are used. The clause prohibiting its use for abortions was included to avoid Republican opposition.

During his closing argument, Loertscher compared Wednesday’s action to the American Revolution and George Washington’s decision to retreat “to live to fight another day.”

“Had he not retreated, we wouldn’t be here today,” he said. “This is a retreat, not a surrender. We’re not surrendering anything; we’re regrouping to fight another day.”

The legislation passed on a 52-18 vote and now moves to the Senate.

In north-central Idaho, Reps. Paulette Jordan, D-Plummer, and Paul Shepherd, R-Riggins, opposed the bill. All other representatives from the region voted for it.

Note: The Associated Press contributed to this story.