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2024 Certificate of Review Op. Idaho Att'y Gen. 1 (2024)

handle is hein.sag/sagid0109 and id is 1 raw text is: STATE OFIDAHO OFFICE OF THE ATTORNEY GENERAL RAOL R. LABRADOR September 16, 2024 VIA HAND DELIVERY The Honorable Phil McGrane Idaho Secretary of State Statehouse RE: Certificate of Review Proposed Initiative for Adding a New Section to Title 39, Idaho Code, Providing for a Right to Reproductive Freedom and Privacy (20 weeks).' Dear Secretary of State McGrane: An initiative petition was filed on August 16, 2024, proposing to amend title 39 of the Idaho Code. Pursuant to Idaho Code section 34-1809, this office has reviewed the petition and prepared the following advisory comments. Given the strict statutory timeframe within which this office must review the petition, our review can only isolate areas of concern and cannot provide in-depth analysis of each legal or constitutional issue that may present problems. This letter therefore addresses only those matters of substance that are deemed necessary and appropriate to address at this time and does not address or catalogue all problems of substance or of form that the proposed initiative may pose under federal or Idaho law. Idaho Code § 34-1809(1)(a). Further, under the review statute, the Attorney General's recommendations are advisory only, and the petitioners are free to accept or reject them in whole or in part. Id. § 34-1809(1)(b). This office offers no opinion with regard to the policy issues raised by the proposed initiative or the potential revenue impact to the state budget from likely litigation over the initiative's validity. 1 This proposed initiative petition was submitted at the same time as three other petitions, all submitted by the same petitioner. Because each proposed initiative is similar in subject matter and intent, they will be distinguished using the following naming convention: Right to Reproductive Freedom and Privacy (fetal viability); Right to Reproductive Freedom and Privacy (24 weeks); Right to Reproductive Freedom and Privacy (20 weeks); and Right to Abortion Under Certain Circumstances. EXECUTIVE OFFICE P.O. BOX 83720, BOISE, IDAHO 83720-0010 TELEPHONE: (208) 334-2400, FAX: (208) 854-8071 LOCATED AT 700 W. JEFFERSON STREET, SUITE 210