A federal appeals court recently ruled in favor of blocking Idaho Attorney General Raúl Labrador from prosecuting medical professionals who refer patients to out-of-state abortion providers.
The decision, made by three judges from the Ninth Circuit U.S. Court of Appeals, supports a preliminary injunction issued by U.S. District Court Judge B. Lynn Winmill in July 2023. This injunction followed a lawsuit filed in April 2023 by two Idaho doctors and Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, and Kentucky.
The lawsuit was prompted by Labrador’s legal opinion, which stated that doctors who refer patients for abortions or prescribe abortion pills across state lines could face criminal penalties under Idaho’s strict abortion ban. The lawsuit argued that this violated the First Amendment, due process, and interstate commerce laws.
The Ninth Circuit agreed with the plaintiffs, saying they had a strong case for their First Amendment claim. Although Labrador later tried to retract his opinion, stating it was procedurally incorrect, the court noted that he didn’t change his stance on the interpretation, and he could still enforce it.
Idaho is surrounded by states where abortion is legal, like Washington, Oregon, and Montana. Historically, Idaho doctors have referred patients to these states for abortion services in cases of medical necessity, such as fetal anomalies or complications that threaten the patient’s health.
The ACLU of Idaho and Planned Parenthood expressed concerns, saying Labrador’s opinion could harm Idahoans’ health and rights by preventing doctors from helping patients access abortion care where it is legal.
The Idaho Attorney General’s office is reviewing the decision and considering whether to appeal.