What makes Idaho's 'abortion trafficking' bill a next-level restriction
A new bill working its way through the Idaho legislature could make the simple act of driving a child to the post office illegal


This week, the Idaho state Senate read for the first time a draft of House Bill 242, a new Republican-led push to further limit abortion access in a state with some of the most restrictive reproductive health laws already on the books. The measure, dubbed the "abortion trafficking" bill, has been hailed by proponents as a major step forward for parental rights, while detractors worry it sets a new precedent for red states in the country's post-Dobbs era.
So what would the bill actually do, where does it stand now, and does it really have a chance at becoming law?
What is 'abortion trafficking'?
According to the text of the bill:
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
- An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion [...] or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking.
In this, the word "trafficking" is somewhat misleading; the bill does not overtly criminalize crossing state lines, which is a constitutional right. Rather, it makes it illegal to transport and aid a minor within Idaho hoping to access reproductive healthcare — either in-state, or through out-of-state assistance — without their parent's consent. Crucially, this includes helping a minor access pregnancy-ending drugs, such as mifepristone and misoprostol. Adults convicted under the proposed law could face anywhere from two to five years in prison.
"Since the bill would criminalize anyone transporting a pregnant minor without parental consent within the state to get an abortion or to obtain medication abortion," writes HuffPost, "it could apply to an aunt who drives a pregnant minor to the post office to pick up a package that includes abortion pills."
The bill also allows family members to sue reproductive health professionals for a minimum of $20,000 for having "knowingly or recklessly attempted, performed, or induced an abortion" in violation of the statute.
What are advocates saying?
"We want to make sure that parents have a say in the life choices of their children," Republican State Rep. Kevin Andrus, one of the bill's co-sponsors, told The Associated Press. "It will do a lot to save lives."
Speaking with HuffPost, fellow co-sponsor Rep Barbara Ehardt agreed, explaining that "it's already illegal to get an abortion here in the state of Idaho. So, it would be taking that child across the border, and if that happens without the permission of the parent, that's where we'll be able to hold accountable those that would subvert a parent's right."
Mistie DelliCarpini-Tolman, the Idaho State Director for Planned Parenthood Alliance Advocates, pushed back on that claim, telling local CBS affiliate KMVT that "the majority of young people facing an unexpected pregnancy do involve their parents in their decision-making. But, for young children living in abusive households, disclosing sexual activity or pregnancy can trigger physical or emotional abuse, including direct physical or sexual violence, or being thrown out of the home."
Idaho Senate Minority Leader Melissa Wintrow was even more direct in her criticism of the proposed legislation, telling HuffPost that "The far right has an incremental plan. It's death by a thousand cuts on many things, but they're especially unrelenting on abortion."
"My colleagues are just rabid about denying all access to abortion care," she added. "It's really harmful to women, and it's harmful to our state."
Will the bill actually pass?
As things currently stand, it seems extremely likely that HB242 will become law in the near future. Earlier this month the GOP-led state House overwhelmingly passed the measure 57-12, with just two Republicans crossing the aisle to oppose the bill. This week, it cleared the Republican-controlled state Senate, where Democrats are outnumbered 4-1. It now goes to the desk of Gov. Brad Little (R), who, when asked by ABC News for comment, declined to say whether he'd sign the measure. Just over one year ago Little, a staunch opponent of abortion, signed Idaho's Texas-modeled ban on abortions after six weeks of pregnancy.
"It feels terribly inevitable that this bill will pass," Minority Leader Wintrow told Huffpost. "That's what we're facing. That's my fear. That's the pit in my stomach."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Today's political cartoons - April 19, 2025
Cartoons Saturday's cartoons - free trade, judicial pushback, and more
By The Week US
-
5 educational cartoons about the Harvard pushback
Cartoons Artists take on academic freedom, institutional resistance, and more
By The Week US
-
One-pan black chickpeas with baharat and orange recipe
The Week Recommends This one-pan dish offers bold flavours, low effort and minimum clean up
By The Week UK
-
'This is not an unusual story'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US
-
'You shouldn't need a private company to fill out paperwork for you'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US
-
'New firms are created to serve the economy of which they are part'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US
-
Abortion protests: is free speech in retreat?
Talking Point The conviction of 64-year-old Livia Tossici-Bolt for breaching abortion clinic 'buffer zone' has made her the unlikely focus of a transatlantic row over free speech
By The Week UK
-
'The idea of counties leaving a state is not as eccentric as it may seem'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US
-
Bondi seeks death penalty for Luigi Mangione
Speed Read Mangione was charged with fatally shooting UnitedHealthcare CEO Brian Thompson last year
By Rafi Schwartz, The Week US
-
'Moving the headquarters isn't about abandoning Washington'
Instant Opinion 'Opinion, comment and editorials of the day'
By Justin Klawans, The Week US
-
'This recommendation is reasonable and in line with the evolution of medical consensus'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US