This week, an order prohibiting Idaho Attorney General Ra l Labrador from bringing charges against Idaho physicians who refer patients to abortion clinics outside of the state was affirmed by a federal appeals court panel.
Judge B. Lynn Winmill of the U.S. District Court of Idaho issued a preliminary injunction in July 2023, which was upheld by three federal judges in the Ninth Circuit U.S. Court of Appeals on Wednesday.
Two Idaho doctors and Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, and Kentucky filed a lawsuit in April 2023, which led to the injunction.
Following the attorney general’s legal opinion stating that medical professionals who directed or provided abortion drugs to pregnant women over state borders were liable to criminal penalties under Idaho’s nearly complete abortion prohibition, they filed a lawsuit against Labrador.
By releasing the opinion, Labrador was accused of violating the First Amendment, due process statutes, and the commerce clause, according to the lawsuit.
On the merits of their First Amendment claim, the litigating parties established a likelihood of victory, and the 9th Circuit panel concurred with Winmill.
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Following Planned Parenthood’s lawsuit and the release of Labrador’s letter, which was made public at the request of Republican state representative Brent Crane, Labrador submitted a follow-up letter claiming that the letter was technically improper and thus void, although he did not specify that his interpretation was incorrect.
According to the 9th Circuit court, Labrador’s decision to retract his opinion did not refute the Attorney General’s view, and he was nonetheless allowed to implement it.
Abortion is allowed in a number of the states that border Idaho, including Washington, Oregon, and Montana. In the past, Idaho doctors have sent patients to clinics in those states when they require care that Idaho does not offer, like termination for fetal abnormalities or other issues that endanger the health of a pregnant patient.
The Planned Parenthood organization serving Idaho and the American Civil Liberties Union of Idaho stated in a statement that Labrador’s viewpoint clearly jeopardizes the freedom, health, and life of Idahoans.
According to the groups’ prepared statement, Idahoans would be put in danger and their rights would be carelessly violated if health care practitioners were prevented from acting as reliable resources for patients. In jurisdictions where abortion is legal, providers shouldn’t be threatened with penalties for assisting their patients in getting the abortion treatment they require.
In an email sent Thursday to the Idaho Capital Sun, agency spokesperson Dan Estes stated that the Idaho Office of the Attorney General is analyzing the ruling and evaluating its options for appeal.
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PPvLabrador 12-4-24 ruling
