Group organizing Idaho abortion-rights initiative files lawsuit over ballot language
The Idaho Supreme Court building in downtown Boise. (Courtesy of the Idaho Supreme Court)
The group organizing a 2026 ballot initiative to restore abortion rights in Idaho is asking the state Supreme Court to order the attorney general and other state agencies to fix language it says is biased and misleading about what the initiative will do and how much it will cost taxpayers.
Idahoans United for Women and Families filed the lawsuit Thursday night. Idaho has a citizen ballot initiative process, but only its Legislature can propose constitutional amendments, unlike many other states. So instead of a constitutional amendment, the voters are asked to approve a citizen-crafted piece of legislation to be adopted. The measure requires a simple majority of voters to pass.
As part of the initiative process, the Idaho Attorney General's Office is responsible for drafting short and long ballot titles that summarize what the legislation would do if passed. Idaho law states that the language must describe the proposal accurately and use common language without phrasing that is likely to prejudice voters.
Idahoans United announced it would pursue the initiative in April 2024, and filed four proposed policies for approval in August. After that, the group moved forward with one proposed policy that would establish a fundamental right to contraception and fertility treatments under Idaho law, including in vitro fertilization, to make decisions about pregnancy and childbirth, and legalizing abortion before fetal viability, as well as preserving the right to abortion after viability in medical emergencies. Fetal viability would be determined by a physician and what treatment is available, but the commonly accepted gestational age of viability in the medical community is 23 to 24 weeks.
In the lawsuit, the group contends that the short ballot title includes the term 'fetus viability,' which is not the medical phrase, and conflicts with the term fetal viability being used in the long title. Melanie Folwell, Idahoans United's spokesperson, said the short title also left out that the law would provide for abortions in medical emergencies after viability.
The bigger issue, Folwell said, is with the fiscal impact statement, which is required to be drafted by the Idaho Division of Financial Management, to determine if the new law would cost taxpayer dollars.
As written, the statement says the laws affected by the initiative would not impact income, sales or product taxes and have no effect on the general fund. But it goes on to say it could change state expenditures in minor ways.
'Costs associated with the Medicaid and prisoner populations may occur,' it says, citing Idaho Code. 'Passage of this initiative is likely to cost less than $20,000 per year. The Medicaid budget for providing services was about $850 million in FY2024. If passed, nominal costs in the context of the affected total budget are insignificant to the state.'
Dan Estes, spokesperson for Idaho Attorney General Raúl Labrador's office, said they had no comment, citing pending litigation. Reclaim Idaho, a group that pursued an initiative to change Idaho's primary and general election system in 2023, sued over similar issues with their ballot language and ultimately prevailed.
The complaint filed in Idaho Supreme Court calls the statement biased and says it includes contradictory language, 'wrongly implies' that Medicaid and corrections spending would increase, and 'prejudicially includes an irrelevant reference to the state's $850 Medicaid budget.'
The statement in compliance with Idaho Code, the complaint says, should read that there is no financial impact to state or local governments.
The lawsuit includes public records that Folwell requested and received showing email exchanges between Juliet Charron, deputy director of Medicaid and Behavioral Health at the Idaho Department of Health and Welfare, and Greg Piepmeyer, chief economist at the Idaho Division of Financial Management, as well as Lori Wolff, chief administrator at DFM. Wolff is named as a defendant in her capacity as administrator.
States Newsroom has reached out to Charron, Piepmeyer and Wolff's office for comment.
The emails indicate there would be no impact to the general fund, but one email from Piepmeyer details the possible effects for the female prison population, including the 'rate of pregnancy occurring due to events within prison, and the rate at which each of these is already ascribed to rape or incest.'
'None of these are ones into which DFM ought to wade,' Piepmeyer's email said. 'Similar considerations apply to the Medicaid population, but with (probably reasonably) different rates.'
The lawsuit includes a motion to expedite, with a request that a final ruling be issued by the Idaho Supreme Court by April 15. The group has to gather at least 70,725 signatures by April 30, 2026, to qualify for the ballot.
The Idaho Supreme Court will determine whether to hear the case in the coming days. If so, and if the motion to expedite is granted, an initial hearing would likely take place within the next month, Folwell said.
1-30-25 Declaration of Melanie Folwell 1-30-25 Verified Petition for Writs of Certiorari & Mandamus
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San Francisco Chronicle
28 minutes ago
- San Francisco Chronicle
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump, who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency, which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' 'I don't care if you call me a dictator' Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs. By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional, he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator," Bukele said earlier this month in a speech. "Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. 'Of course I'm scared' Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts" in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution. Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López, who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Fear and an ally in Trump Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law, championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele, with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Journalists stranded Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives" held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed." Janetsky reported from Mexico City. ____
Yahoo
44 minutes ago
- Yahoo
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump, who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency, which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. 'I don't care if you call me a dictator' Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs. By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. 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Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution. Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López, who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Fear and an ally in Trump Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law, championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele, with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Journalists stranded Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives" held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed." ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at
The Hill
an hour ago
- The Hill
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump, who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency, which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs. By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional, he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator,' Bukele said earlier this month in a speech. 'Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts' in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution. Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López, who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law, championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele, with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives' held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed.' ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at
