Idaho Proposition 1

 I heard my first pro-1 ad on the radio this morning. Woman talks about how happy she and her husband were to be pregnant. Then her doctor told her that the baby was very sick and he would have her call a doctor in Utah because he could not even suggest a medically necessary abortion.

This is grossly deceptive, unless they recorded it two years ago. Idaho Code sec. 18-622 prohibits abortion with a few exceptions:

(i) The physician determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman. No abortion shall be deemed necessary to prevent the death of the pregnant woman because the physician believes that the woman may or will take action to harm herself; and
(ii) The physician performed or attempted to perform the abortion in the manner that, in his good faith medical judgment and based on the facts known to the physician at the time, provided the best opportunity for the unborn child to survive, unless, in his good faith medical judgment, termination of the pregnancy in that manner would have posed a greater risk of the death of the pregnant woman. No such greater risk shall be deemed to exist because the physician believes that the woman may or will take action to harm herself; or

The next section exempts abortions for pregnancies resulting from rape or incest: if "the woman has reported to a law enforcement agency that she is the victim of an act of rape or incest and provided a copy of such report to the physician who is to perform the abortion."

Notice that a doctor makes this decision based on "his good faith medical judgment and based on the facts known to the physician at the time." Proving that a doctor was operating in bad faith would be quite an obstacle to overcome at trial. I think you would need a statement by the doctor (orally or in writing) that an abortion under these circumstances was a bad idea.

Capable of Learning

Planaria and Idaho legislators are capable of learning. After the Dobbs decision, Idaho like many other states prohibited abortion. Because of how they wrote the law, some non-abortive procedures such as D&C after miscarriage or where there was no fetal heartbeat became illegal.  Ob-Gyns deserted Idaho rapidly because they perceived a very real risk that these procedures might lead to prosecution.  

Why did they write the law this way? Because pre-Roe, there were states that banned abortion like Oregon that had astonishingly high rates of "therapeutic abortions" to save the life of the mother: in one of those years, there were 166 such abortions for every 1000 live births. I am guessing that many ob-gyns were doing abortions to save Mom and Dad from the embarrassment that Janie was sweet talked out of her clothes by some clever predator. 

Anyway: this is not the first time bad writing has needed correction. In 1776, New York State made Sodom a capital crime. The next year, they revised the statute to clarify that this only applied to consensual sodomy. I wonder if some really horrible case raised such an issue.

So I was curious is this was fixed. SuperGrok, was this fixed?

‐‐----------

Yes, Idaho revised its abortion law in 2023 (effective July 1) to explicitly clarify that certain non-abortion procedures, including D&Cs for miscarriages or incomplete pregnancies, are not considered abortions and are therefore allowed.132b99

Key Details from the Amendment (to Idaho Code § 18-622 and related definitions in § 18-604)

The legislature amended the definition of "abortion" to exclude:

The removal of a dead unborn child (this covers D&Cs or similar procedures after a miscarriage or fetal demise where there is no cardiac activity).

The treatment of a woman who is no longer pregnant (this addresses post-miscarriage care or incomplete abortions/miscarriages).

Removal of an ectopic or molar pregnancy.

Contraception (e.g., IUDs or birth control pills).5de97a

This was done via House Bill 374 (2023), which shifted some prior "affirmative defenses" into clearer exclusions from the definition of abortion. Medical sources (e.g., Abortion Defense Network summaries) confirm this means treatments for miscarriage with no cardiac activity—including medications, D&C, D&E, or labor induction—are not prohibited under Idaho's abortion bans.6ddc46

Context and Limitations

Pre-2023 concerns: After Dobbs (2022), Idaho's near-total ban (the "Defense of Life Act," triggered post-Roe) created uncertainty for providers. Some feared that D&Cs (a common procedure also used in abortions) could be interpreted as illegal abortions, even for miscarriages. The 2023 fix addressed this by narrowing what counts as a criminal "abortion."b59188

Ongoing strictness: The core ban remains—one of the strictest in the U.S.—with abortions generally prohibited except to prevent the death of the pregnant woman (in good-faith medical judgment) or in limited first-trimester rape/incest cases (with reporting requirements). Court rulings have somewhat broadened the life exception (e.g., non-imminent but elevated risk of death), but it does not cover general health exceptions or fatal fetal anomalies unless they threaten the mother's life.26232a

Practical notes: Providers still emphasize careful documentation. Some patients have reported delays or transfers for miscarriage care due to caution, but the law itself now clearly permits indicated D&Cs for non-viable pregnancies.9a0b19

In short, the 2023 revision directly responded to ambiguities around procedures like non-abortion D&Cs by carving them out of the abortion definition. For the most current interpretation, consult the full Idaho Code or a qualified attorney, as enforcement can involve case-by-case medical judgment.

Mike Moyle

The volume of RINO hit pieces on Mike Moyle claiming he is carrying out Obama's agenda is startling.  The left is spending a lot of money trying to defeat Moyle.  I am hoping all this is in hopes that California refugees with no knowledge of Moyle will go ahead and vote against him.  So if you know any recent arrivals, warn them that Moyle is a serious conservative and these nasty mailers are attempts by the left to put a RINO in place of Moyle.

Voter Registration

5/11/22 KTVB:

"Nampa television station KIVI reports that between February 25 and March 18, there were nearly 9,600 registered voters who switched to the Republican Party. 

Most of them were previously unaffiliated with a political party. About 3,200 were previously registered as Democrats."

While some of these Democrats may be changing registration to vote for weak Republicans in the primary this might also be a way to express disapproval of Biden and the Democratic Party's racism and economic incompetence. 

Idaho Secretary of State Race

4/29/22 KPVI:

While both Moon and McGrane said voter education and encouraging Idahoans to vote would be high priorities should they be elected, Souza said, “I have a different look at that. I do not think that it is the secretary of state’s or even the county clerk’s role to increase turnout for any one party or even turnout in general. That is the role of the partisan groups, the special interest groups, people who are very supportive of a candidate or a ballot measure. That’s what they are supposed to be doing.”

“What the role of the secretary is, is to make sure the election laws are enforced and they are clear, and they are understood by all the citizens,” Souza said, “and let the special interest groups bring out their voters."

This is what I want.  Encouraging voter turnout really means encouraging people who may not much care or know anything.

Dirty Politics

 I had no opinion about the race for lieutenant governor but an attack mailer from Priscilla Giddings has me planning to vote against her:

Look, I know many Republicans here are closeted Democrats but this seemed implausible.  So I looked in the Journal of the Idaho House for 2021 on Mar. 18, 2001 and found that Bedke voted for SB 1162.  Which did what?  It funded Idaho libraries.  Enrolled as Chapter 133.

If Giddings' claim is that funding Idaho libraries means the raving leftists who run many libraries have funding to introduce trash into our libraries, that is far different from voting "to provide explicit sexual material for kindergarten-aged children."  Giddings has just guaranteed that she will not get my vote.  Giddings in endorsed by Action for Life.  It also appears that she is endorsed by Liars Seeking Office.

UPDATE: I was told that this was a battle over whether to increase finding of libraries.  3/24/22 Idaho Capital Sun reports the House passed HB 666 which "which removed an exemption that protected libraries, schools, colleges and universities from prosecution for distributing material that is 'harmful to minors.'"  The American Library Association in its effort to win the "wokest professional association ever" opposed it.

Some legislators apparently saw not increasing funding to Idaho libraries as a way to express disapproval of the ALA.

Another problem with Giddings.  11/22/21 Task and Purpose:

The Air Force promoted a major in the Air Force Reserves who posted the personal information of an alleged sexual assault survivor to social media and to her official newsletter, then denied posting that information before an ethics committee, and was recently censured by the Idaho House of Representatives.

A member of the Idaho House of Representatives, Lt. Col. Priscilla Giddings was still a major this spring when she shared an article from a far-right news outlet listing the name and photo of a 19-year-old legislative intern who had accused former Idaho representative Aaron von Ehlinger of raping her, according to the Idaho Statesman.

 During an ethics hearing in April, Giddings initially denied sharing the photo and information, then later said she had not “thoroughly examined” what she had posted. The intern’s photo was in the thumbnail of the article and her name was repeated several times throughout the article, according to Idaho news station KTVB-7. 

4/29/22 Associated Press:

BOISE, Idaho (AP) — A former Idaho lawmaker was convicted Friday of raping a 19-year-old legislative intern after a dramatic trial in which the young woman fled the witness stand during testimony, saying “I can’t do this.”

The intern told a Statehouse supervisor that Aaron von Ehlinger raped her at his apartment after the two had dinner at a Boise restaurant in March 2021. Von Ehlinger said the sex was consensual.

At the time, the Lewiston Republican was serving as a state representative, but he later resigned.

Von Ehlinger, 39, was found guilty Friday of rape. He was found not guilty of sexual penetration with a foreign object.

Von Ehlinger sat calmly as the verdict was read, as he has throughout the trial.

Afterward, 4th District Judge Michael Reardon told the jury: “This has been an unusual case attended by many unexpected circumstances, but I appreciate your attention ... and hard work.”

A felony rape conviction carries a minimum sentence of one year in prison in Idaho. The maximum penalty can be as high as life in prison, at the judge’s discretion. Sentencing has been scheduled for July 28.

As von Ehlinger was remanded into custody and handcuffed, he talked quietly with his attorney who removed items from von Ehlinger’s pockets.

The prosecution remained stoic as they left the courtroom, but once they reached a lower floor they stopped to briefly to congratulate each other on the verdict.

Von Ehlinger’s attorney, Jon Cox, could not be immediately reached for comment after the trial.

The Associated Press generally does not identify people who say they have been sexually assaulted, and has referred to the woman in this case as “Jane Doe” at her request.

Write Your State Legislators

 What I sent this morning:

Please co-sponsor Rep. Zito's Idaho Small Arms Protection Act

The Biden Administration is going whole hog on its attempts to disarm the peasants, much as medieval aristocrats and King George III tried in 1775.  There are some limits to what Idaho can do, but Rep. Zito's bill will prohibit state or local law enforcement from helping to enforce these unconstitutional laws and directs the Idaho Attorney-General to defend Idahoans who are prosecuted under laws that are clearly contrary to D.C. v. Heller (2008) which recognized that arms in common use may not be prohibited.

It is bad enough that Biden's election looks like it might have been achieved through widespread voter fraud.  That he would attempt to disarm law-abiding Americans is even worse.

If your representatives are Democrats or RINO, you might want to leave off that second paragraph.  To find your legislators' email addresses: go here and fill in your address in the Who's My Legislator box.

Idaho Legislature

From Idaho Educational News:

Republicans will add two seats to their supermajority in the Idaho Legislature when the 2021 session begins in January.

Two GOP challengers defeated incumbent Democrats with, according to complete but unofficial election results with all 44 counties reporting Wednesday.

That moves the balance of power in the Idaho House to 58 Republicans and 12 Democrats.

Heading into Election Day, Democrats controlled 14 seats in the House.

I guess those nasty Californians are not turning the state blue, but redder.

Idaho Constitutional Amendment on November Ballot

 HJR4 will fix the number of state senators at 35 (its current number).  Currently, our state constitution allows the number to be as low as 30 or as high as 35.  I would prefer the larger number be fixed.  The fewer people each legislator represents, the more likely he is the listen to his constituents.  When I lived in California, there were hundreds of thousands of people in each Assembly district.  The chance of ever meeting your Assembly member, much less communicating your concerns, was limited.  The New Hampshire House of Delegates has 400 members, each representing about 3,300 people.  I would guess that most people in the Granite State likely not only know their legislator by face, but whether or not to count the silverware at the end of having him over for dinner!

I know that it would be impractical to have each member of the U.S. House represent such a small number of people (imagine the size of the chamber, the Star Wars Galactic Senate chamber), but to the extent we can bring legislators closer to the people they represent, the better.

Idaho Gov. Race

I had already decided against Brad Little for Governor, both because of his endorsement by squishy conservative Gov. Otter and because his ads against Labrador have become increasingly nasty; they also have a smell of deception.  This article says:

An Idaho government watchdog group says left-wing labor union bosses and environmentalists have been “masquerading” as conservative Republicans to convince the state’s citizens to vote for liberal Republican gubernatorial candidate Brad Little.

“In a recent mailing, the Independent Republicans for Idaho PAC tells voters that Little is ‘safeguarding conservative Idaho values,’” writes Wayne Hoffman of Idaho Freedom Foundation, adding that the PAC further states, “Brad is the proven conservative leader who will stand up for the things we hold dear: family, freedom and a future worth fighting for.”

“The question: Who are the “Independent Republicans for Idaho?”

Hoffman asks, observing that the PAC shares the same address as the Idaho Education Association (IEA), a state teachers’ union that has been battling school choice and promoting a statewide pre-kindergarten program, the latter of which Little also supports.

A New Low in Idaho Political Ads

I thought the ads attacking Tommy Ahlquist, Raul Labrador, and Brad Little were bad.  This arrived in yesterday's mail and it so enraged me that I had no choice but to pick it apart. I had no idea until yesterday that someone named Steve Yates even existed.  Now once I point these out to you, you will recognize them as dishonest and manipulative, but most voters will just read and emote.

A "highly paid registered foreign agent for the Republic of China."   Quick what country will most Americans immediately think of?  Formerly Red China (the People's Republic of China), a major military competitor, or Taiwan (the Republic of China) a longtime U.S. ally?

Note that "agents funneling cash to his campaign" has a negative connotation (like secret agents?), and it is unlawful for non-citizens to contribute to U.S. political campaigns.  If the people who put this flyer together have evidence of such a crime why are they not bringing this to the attention of the U.S. Attorney's office?

"all in exchange": an accusation of quid pro quo or bribery.  And "past special favors"?  Which ones?  And again, an accusation of a bribe, but why not call the U.S. Attorney?  That would end Yates' campaign in a hurry.

"IF HIS ACCOMPLICES ARE NOT ON OUR SIDE, WHOSE SIDE IS STEVE YATES ON?"  Accomplices implies criminal behavior.  Relying on the common misperception that "Republic of China" means the U.S.'s enemy, the People's Republic of China, makes this a very effective emotion manipulator.

The reverse side:

The complaint is that Yates is selling his business experience but that his business went under.  The evidence is an email his wife sent out to their friends (including at least one who having provided this email, is emphatically no longer a friend) begging for help.

1. A business failure might be caused by many things: bad business skills; overexpansion; a collapsing economy.

2. The date of the email is blacked out.  Was this 2016, 2009, 2001?  Who knows?  And that is why it is blacked out.

3. Many sections are blurred out, for the purpose of emphasizing some parts, but what is blurred out appears to be text that might make people who have ever been in financial trouble sympathetic.  We can only guess what the blacked out text in the body of the email might say.  I am guessing it would present a different version.

4.  The picture of Yates against the Republic of China flag is heavily freckled with what appear to be growths on the top of his head.  The aspect ratio is also distorted, making him far less human looking than the picture on the other side.  Would you vote for someone who looks so odd?

5.  "other than help from our Bishop."  Anywhere else in America, this would tell you he is Catholic.  In Idaho, this tells you he is LDS.  As I learned in 2008, LDS voters will vote for a pro-gay politician if he is a member of their church.  But letting non-LDS Idahoans know that Yates is LDS will sour at least some non-LDS Idahoans against Yates.  Clever decision to highlight this one otherwise irrelevant phrase.

So who is funding Idahoans Fighting Corruption?  The only large donation is from a Bryan Smith.  He seems to have funded a number of Republican candidates over the years so apparently not a Soros plant.  Why this rage and manipulation?

Tommy Ahlquist

I keep getting fundraising calls from this guy's campaign.  I do not find any group that solicits over the phone.  Just saw his first TV ad, and I am not impressed.   Promises to cut state spending by $100 million.  This is not California;  is there really that much fat?   His only example is to make state employee insurance self-funding.   Forgive my skepticism that this will not cause significant turnover and harder hiring.

When a Mentally Ill Asylum Inmate Almost Won the Democratic Nomination in Idaho's 1st Congressional District, I Was Floored

But this is a sign of how thin the Democratic bench is here.  5/5/17 The Guardian:

Troy Minton is the only Democratic candidate for governor of Idaho. He is also homeless. The idiosyncrasies of his campaign do not end there.
“I know I’m innocent,” he said this week during a video call from a county jail in Boise, the state capital, where he has been held for almost two weeks for a probation violation. “I’m going to push forward.”

When it comes to unlikely electoral bids, Minton may be in a league of his own. Personal difficulties aside, he must contend with three Republican candidates in a place that hasn’t chosen a Democratic governor in decades. That’s not to mention any other Democrats who might run against him for the 2018 vote in the thinly populated Western state.

Idaho Gun Bills

What's left to fix, you ask?  HB 93 would exempt active duty military who live in Idaho from the requirement that you be a resident to carry concealed without a license.

Idaho's Governor Signs Constitutional Carry Bill

3/25/16 KBOI:

BOISE, Idaho (KBOI) — The bill aimed at eliminating concealed carry permits in city limits has been signed into Idaho law by the governor. It passed the house back on March 16th, after making its way through the Senate earlier in month, but it didn't reach Otter's desk until last Monday.

It's already deemed appropriate in county settings and state lawmakers say it's something that should be consistent throughout the state. With Otter's signature, the law now allows Idahoans over the age of 21 to conceal-carry without a permit while in city limits.

"You still can't go into sensitive places like a court house or a juvenile detention center," said Alexandra Kincaid, criminal defense attorney. "Or any of these other locations like a federal building."

Not important in it self, but it should enrage the gun control nuts.

HJR 2 on November Idaho Ballot

One of my readers asked ,y opinion on this amendment to the Idaho Constitution.  I intend to vote for it.

For some years the Idaho legislature starts each session by reviewing the rules adopted by executive departments of the state government, and either approving or amending them as they see fit.  This seems like a very intelligent use of the legislature's primary legislative authority.  I am guessing that someone has raised questions as to whether the legislature has the authority to do this,  As long as the executive officers of Idaho remain Republican, I don't see a great need for this explicit reservation, but it is obvious that Idaho is turning into the North End of Boise, and I could easily see a day when flaming leftists control some of these offices.  Hence, giving this authority explicitly to the legislature seems a good idea.

The Debate Must Have Been Pretty Entertaining

The May 15, 2014 Daily Mail covers the Idaho governor's Republican primary debate, and has great fun feeling superior to us.  You might get the impression that Idaho is filled crazy fools from reading this.  It was a clever strategy of Gov. Otter to insist that all the fringe candidates be invited -- it distracted attention from his only serious opposition, Russ Fulcher,

"You Keep Using That Word. I Do Not Think You Know the Meaning of That Word."

A great line from the Princess Bride.  And reading this May 14, 2014 Idaho Statesman article about Russ Fulcher's Republican primary challenge to Gov. Otter, it comes to mind:

Otter: Otter said "traditional marriage in Idaho is one of our base, core, deep, tap root principles."

He declined to say whether he would sign a bill to expand the Idaho Human Rights Act, but said proponents should have received a legislative hearing this year.

Otter said he has "very close relatives" who are gay and are loved and respected in his family. "I have always supported human rights for everyone, individual rights for everyone. I made my bones in early politics - everybody called me a libertarian. And there's no true libertarian that wants to put a shackle on anybody."

The expansion of the Idaho Human Rights Act would actually put a shackle on individuals and businesses who chose not to bake a gay wedding cake, or photograph a gay "commitment ceremony."  Like many people who fancy themselves libertarians, Gov. Otter really means not "more liberty" but "more power for some, less liberty for others."

You can see why I am voting for Fulcher -- along with the rest of the sleazy, but perhaps not truly unlawful connections to Idaho state government contracting.

UPDATE: I originally wrote "more liberty for some, less for others" but adding sexual orientation doesn't actually create more liberty for some; power to order others about is not liberty.

Read more here: http://www.idahostatesman.com/2014/05/14/3183665/otter-vs-fulcher-a-great-divide.html#storylink=cpy

Election Campaign Ads: Technically True, But Very Misleading

I have been hearing stacks of campaign ads on the radio and seeing lots of flyers in the mail, and I am pretty disgusted.

I am in the 1st Congressional District, so I don't have a strong feeling about the Simpson v. Smith primary race, but Simpson's ads are sounding increasingly desperate, such as telling us that Smith wants to take away your "constitutional right to vote for U.S. Senate!"  I suspect that Smith at some point has argued that popular election of U.S. Senators was a mistake; there were sound reasons why the Constitution originally provided for state legislatures to select them.  Lots of people who have thought about this share this concern.  But phrased the way that it is is terribly misleading.  And ditto for some of the other overwrought statements.  I had no strong feelings about this race (other than Smith is a trial attorney, one strike against him), but the more I hear of Simpson's ads, the more I dislike Simpson.

Chris Troupis is running for Attorney-General in the Republican primary against Wasden.  What little I know of Troupis I like -- but someone keeps sending out attack Wasden pieces that misrepresent what Wasden's office did on Second Amendment rights.  This really disturbs me, because Troupis is a social conservative and rather loud Christian.  (He used to, at least in prior campaigns, shorten his first name from Christopher to Christ instead of Chris.)

Russ Fulcher, Running Against Otter in the Idaho Primary

I heard Russ Fulcher speak at a meeting of Idaho Carry last night.  (I have repeatedly tried to arrange a speaking engagement at a meeting of Idaho Carry, but what point would there be to having me speak to a gun rights group?  What would I know about the subject?)

My impression was positive, although an elected official who can't speak effectively to a friendly crowd is pretty rare indeed.  Fulcher said all the right things, from my perspective.  I do confess to concern that because so many Republicans in Idaho are RINOs, a lot may not turn out to vote in the general election.  Remember that RINOs would rather see a Democrat hold the office, than a conservative Republican get elected.