HOUSE JOINT MEMORIAL 2
RS30303C2 / HJM002
On June 24, 2022, the Supreme Court of the United States issued the Dobbs Decision which had the effect of overturning Roe vs. Wade, 410 U.S. 113 (1973). In the Court's written decision, the Court mentioned many times that the issue of abortion belonged in the states for the states to decide.
In Article III of the United States Constitution, Congress is given the power to limit the jurisdiction of the inferior federal courts. Except for the United States Supreme Court, all federal courts are the creation of Congress. Therefore, Congress has the power to limit the jurisdiction of the lower federal courts.
This Joint Memorial requests the Congress of the United States to limit the jurisdiction of the lower federal courts from hearing the cases that relate to state legislative authority to pass laws regarding abortion. Such cases would then be heard in state courts, which would be in accordance with the findings of the Supreme Court as expressed in the Dobbs Decision.
This legislation would require the Secretary of the Senate to mail copies of this Concurrent Resolution to all members of Idaho's Congressional Delegation and to the Speaker of the House and the President of the Senate of the United States Congress. Related administrative and mailing expenses would be incurred.
| Date | Description |
|---|---|
| 02/24 | Introduced, read first time, referred to JRA for Printing |
| 02/27 | Reported Printed and Referred to State Affairs |
| 03/03 | Reported out of Committee with Do Pass Recommendation, Filed for Second Reading |
| 03/07 | Read second time; Filed for Third Reading |
| Rules Suspended: Ayes 68 Nays 0 Abs/Excd 2, read in full as required – ADOPTED - 56-12-2 AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Bundy, Cannon, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Garner, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker NAYS – Berch, Burns, Cheatum, Chew, Galaviz, Gannon, Manwaring, Mathias, Nash, Necochea, Roberts, Rubel Absent – Green, Wheeler Floor Sponsor - Barbieri Title apvd - to Senate |
|
| 03/08 | Received from the House passed; filed for first reading |
| Introduced, read first time; referred to: State Affairs | |
| 03/24 | Reported out of Committee with Do Pass Recommendation; to 10th order; held one legislative day |
| 03/28 | Read in full – ADOPTED - 28-7-0 AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Ricks, Schroeder, Toews, Trakel, VanOrden, Winder, Zuiderveld NAYS – Just, Rabe, Ruchti, Semmelroth, Taylor, Ward-Engelking, Wintrow Absent and excused – None Floor Sponsor - Hart Title apvd - to House |
| Returned from Senate Passed; to JRA for Enrolling | |
| Reported Enrolled; Signed by Speaker; Transmitted to Senate | |
| 03/29 | Received from the House enrolled/signed by Speaker |
| Signed by President; returned to House | |
| 03/30 | Returned Signed by the President; Ordered Transmitted to Secretary of State |
| Delivered to Secretary of State at 10:40 a.m. on March 30, 2023 |