U.S. District Judge Mikel Williams on Friday ruled that Idaho must pay more than $380,000 to reimburse Planned Parenthood of Idaho -- which challenged the constitutionality of the state's abortion-related law requiring parental consent before a minor could undergo the procedure -- for its attorney's fees, the AP/Twin Falls Times-News reports (Boone, AP/Twin Falls Times-News, 4/3). Williams in 2001 upheld the law, but he ruled unconstitutional a provision requiring that a minor seek judicial bypass only from a judge in a minor's home district or the county where the procedure was to be performed. He also ruled against a requirement that parents be notified within 24 hours after their daughter underwent an emergency abortion. A three-judge panel of the 9th U.S. Circuit Court of Appeals in June 2004 declared the entire law unconstitutional (Kaiser Daily Women's Health Policy Report, 7/26/04). PPI originally had asked to be reimbursed for more than $550,000 in attorney's fees but Williams reduced some of the billed hours to account for any duplicate services. The ruling means the state since 2000 has spent nearly $750,000 defending parental consent laws in the courts (AP/Twin Falls Times-News, 4/4).

Other Case, Proposed Legislation
PPI and the American Civil Liberties Union of Idaho in April 2005 filed a lawsuit challenging the constitutionality of a different Idaho parental consent law, arguing that it contains two provisions that are nearly identical to provisions the court already had ruled unconstitutional. These include requirements that a physician notify the parents of any minor who undergoes an emergency abortion and that a police report be filed if a minor seeking judicial bypass of the consent requirement has engaged in criminal activity. U.S. District Judge Lynn Winmill in July 2005 issued a preliminary injunction blocking enforcement of the law (Kaiser Daily Women's Health Policy Report, 7/6/05). The lawsuit is pending appeal in the 9th U.S. Circuit Court. State Rep. Bill Sali (R) has introduced a bill in the Idaho Legislature that would require parental consent before minors can undergo an abortion. Under the measure, a minor could apply for judicial bypass and if the petition is denied, would have two days to appeal the decision. Idaho Attorney General Lawrence Wasden (R) has said he is concerned about the measure's constitutionality, and Deputy Attorney General Jeremy Chou last week said that the time limit on the appeal of the judicial bypass might be too short. In addition, Chou said Sali's proposal might have problems similar to those of the other parental consent laws, such as a requirement to report any illegal activity of the minor seeking abortion. According to the AP/Times-News, it is illegal in Idaho for minors to have sexual intercourse (AP/Twin Falls Times-News, 4/4).