Court rules Idaho can’t prosecute doctors who refer women for out-of-state abortions

A court ruled last week that Idaho’s Attorney General of Idaho will not be able to prosecute doctors who refer for out-of-state abortions in violation of Idaho’s laws.

The 9th Circuit Court of Appeals’ ruling on Wednesday left in place a lower judge’s 2023 decision that Idaho cannot prosecute doctors who refer for out-of-state abortions under a law that prohibits them from “assist[ing] in performing or attempting to perform an abortion.” The court found this to be viewpoint discrimination, a violation of free speech protected under the First Amendment. The decision is being hailed as a victory for Planned Parenthood.

“The Attorney General’s interpretation of § 18-622(1) in the Opinion Letter was a content-based restriction on speech because it silences healthcare providers on the specific topic of abortion. The interpretation forbids the expression of a particular viewpoint—that abortion services in another state would likely help a patient,” wrote Circuit Judge William Fletcher. 

The letter in question that influenced the judge’s ruling was one that Attorney General Labrador sent to a state legislator, dated March 27th, suggesting that the state would enforce the law against doctors referring for abortions. The section in question reads:

The plain meaning of assist is to give support or aid. An Idaho health care professional who refers a woman across state lines to an abortion provider or who prescribes abortion pills for the woman across state lines has given support or aid to the woman in performing or attempting to perform an abortion and has thus violated the statute.

Attorney General Labrador later rescinded the letter, saying it was a private communication. Prosecutors pointed out to the court that the Attorney General would not disavow the intent expressed in the letter with regard to prosecution.

READ: ‘PREVENTABLE’: How pro-abortion media is weaponizing reporting on maternal deaths

Currently, Idaho protects most preborn children from abortion. As Live Action News has reported, abortion giant Planned Parenthood has targeted the state with advertising and lawsuits in an attempt to promote abortion in the state any way it can, to undermine the state’s pro-life laws. 

Abortion supporters were pleased with the ruling. “Providers shouldn’t face the threat of punishment for helping their patients obtain the abortion care they need in states where abortion is legal,” the ACLU and Planned Parenthood said in a statement. 

As of Thursday, the state was still “reviewing the details of the decision and considering our options for appeal,” according to a statement emailed to the Idaho Statesman. 

The setback for pro-lifers in Idaho comes after some positive news, however, as a court allowed Idaho’s abortion-trafficking law to go into effect, allowing the state to prosecute any adult who helps a minor procure or obtain an abortion without parental consent. The crime is classified as a felony punishable by two to five years in prison. As Live Action News has reported, abortion trafficking is enticing minors to cross state lines to obtain an abortion. 

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