Idaho Doctors can Refer Patients for Out-Of-State Abortions, Judge Rules

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Facts

  • On Monday, a US federal judge blocked the Idaho Attorney General's Office from prosecuting doctors for referring patients to receive out of state abortions, claiming that doing so would violate medical providers’ right to free speech.1
  • US District Court Judge B. Lynn Winmill found that Republican AG Raúl Labrador went too far in his interpretation of Idaho's criminal abortion law and banned him from enforcing it until a legal challenge to the law is settled in court.2
  • This comes after Planned Parenthood Great Northwest and two Idaho doctors filed a lawsuit in April alleging that Labrador's legal opinion violated the First Amendment, due process laws, and the commerce clause.3
  • In a letter to a conservative state lawmaker in March, Labrador argued that referring a patient to abortion services across state lines would constitute assisting in an abortion, thus requiring the suspension of the health professional's license.4
  • This case is one of two targeting Idaho's strict abortion laws — a separate lawsuit is seeking to block a measure that would make it illegal to help minors obtain an abortion without parental consent.5
  • Idaho is one of nearly a dozen states where abortion has been banned in the aftermath of the overturning of Roe v. Wade by the Supreme Court. However, the state has so far been the only one to additionally restrict abortions across state lines.6

Sources: 1Idaho Press, 2Guardian, 3Idaho Capital Sun, 4ABC News, 5POLITICO, and 6Forbes.

Narratives

  • Democratic narrative, as provided by American Civil Liberties Union. This law was a disturbing violation of medical providers' first amendment right to freedom of speech and a ridiculous attempt at extending Idaho law beyond the state's borders. It never should have been permitted to begin with. This ruling sends a clear message to lawmakers in Idaho and across the country that this sort of unconstitutional overreach is unacceptable.
  • Republican narrative, as provided by The Epoch Times. Labrador's opinion was never meant to become law enforcement guidance, being promptly withdrawn after it was wrongfully made public. This preliminary injunction is extremely disappointing and nonsensical, as the Bill Clinton-appointed Judge Winmill is seeking to restrain a power that the AG's office doesn't have.

Predictions