Appeals court upholds most of Idaho law protecting minors from abortion trafficking
A federal appeals court ruled Monday that Idaho can partially enforce its law prohibiting the trafficking of minors out of state for abortion. However, it blocked the portion of the law that prohibits “recruiting” a minor to get an abortion.
The three-judge panel on the Ninth Circuit Court of Appeals reversed a preliminary injunction placed by U.S. Magistrate Judge Debora Grashams in November 2023, which had blocked the law entirely.
The Idaho law prohibits any adult from “recruiting, harboring, or transporting” a minor across state lines for an abortion without parental consent, with violators facing two to five years in prison. It was challenged in a lawsuit shortly after its 2023 passage by two pro-abortion groups, which argued that the law violated free speech in threatening prosecution if they counseled minors to seek abortions out of state.
The circuit court judges upheld the law’s prohibition on “harboring and transporting” minors, saying that this portion did not infringe upon any rights, but overturned the “recruiting” prohibition on the basis that it violates free speech.
“Encouragement, counseling and emotional support are plainly protected speech under supreme court precedent, including when offered in the difficult context of deciding whether to have an abortion.” circuit judge M Margaret McKeown wrote for the majority.
Both pro-life groups and pro-abortion groups celebrated the court’s ruling as a victory.
“This decision is a significant victory for the plaintiffs, as it frees Idahoans to talk with pregnant minors about abortion health care,” said the pro-abortion group Legal Voice, which represented the plaintiffs.
This is a tremendous victory for Idaho and defending the rule of law. Idaho’s laws were passed to protect the life of the unborn and the life of the mother. Trafficking a minor child for an abortion without parental consent puts both in grave danger. ag.idaho.gov/newsroom/attor…
“This is a tremendous victory for Idaho and defending the rule of law as written by the people’s representatives,” Attorney General Raúl Labrador said in a news release. “Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho.”
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