Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/94

Opinion of the Court

1. Idaho (1864):

   [E]very person who shall administer or cause to be administered, or taken, any medicinal substance, or shall use or cause to be used, any instruments whatever, with the intention to procure the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the territorial prison for a term not less than two years, nor more than five years. Provided, That no physician shall be effected by the last clause of this section who in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life.^[1]

2. Montana (1864):

   [E]very person who shall administer, or cause to be administered, or taken, any medicinal substance, or shall use, or cause to be used, any instruments whatever, with the intention to produce the miscarriage of any woman then being with child, and shall be thereof duly convicted, shall be punished by imprisonment in the Territorial prison for a term not less than two years nor more than five years. Provided, That no physician shall be affected by the last clause of this section, who in the discharge of his professional duties deems it necessary to produce the miscarriage of any woman in order to save her life. Provided, That no physician shall be effected by the last clause of this section who in the discharge of his professional duties, deems it necessary to produce the miscarriage of any woman in order to save her life.^[2]

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1. 1863-1864 Idaho (Terr.) Laws ch. IV, §42. Idaho became a State in 1890. See 26 Stat. 215-219.
2. 1864 Mont. (Terr.) Laws, Crim. Practice Act ch. IV, §41, at 184. Montana became a State in 1889. See 26 Stat. 1551-1552.