Idaho judge rules out-of-state abortion referrals beyond attorney general’s jurisdiction.
Idaho Medical Providers Granted Temporary Protection for Abortion Referrals
Exciting news for medical providers in Idaho! A judge has granted an emergency request, allowing them to refer patients out-of-state for abortion access without fear of prosecution. U.S. District Judge B. Lynn Winmill placed an injunction on Idaho Attorney General Raul Labrador’s office, protecting doctors who make these referrals and ruling that the restriction infringes on their free speech rights.
Protecting Healthcare Providers’ Rights
The injunction, filed on Monday, specifically applies to Labrador, who previously stated that doctors who provide abortion pills or refer patients across state lines could face prosecution. This restriction came into effect after the end of Roe v. Wade triggered Idaho’s near-total abortion ban in August 2022. However, exceptions for cases of rape, incest, and the life of the mother were included.
Planned Parenthood Great Northwest, along with two Idaho physicians, Caitlin Gustafson and Darin Weyhrich, filed a lawsuit against Labrador, the Idaho State Board of Medicine, and other defendants in April. They argued that prosecuting doctors for referrals violated their First Amendment rights, due process laws, and the commerce clause.
Ensuring Access to Care
Typically, medical professionals in Idaho refer patients to neighboring states such as Washington, Oregon, and Montana, where abortion remains legal. Violating Idaho’s abortion law can result in the suspension or revocation of a healthcare provider’s license, as well as a prison sentence of two to five years.
However, while the case is ongoing, Labrador’s office is prohibited from bringing any charges against Idaho medical providers for referring patients for abortion access, as ruled by Judge Winmill.
Standing Up for Patients’ Rights
Rebecca Gibron, CEO of Planned Parenthood Great Northwest, expressed relief at the outcome, but emphasized that it should never have reached this point. She stated, “In case there’s any doubt: Planned Parenthood will not quietly let rights get sloppily stripped one by one until there’s nothing left. We will fight for Idaho patients every step of the way.”
Labrador initially wrote the legal opinion in March at the request of Republican state Rep. Brent Crane, on behalf of Idaho anti-abortion clinic Stanton Healthcare. However, he later acknowledged that the opinion was procedurally improper and void. Unfortunately for Labrador, this move proved detrimental to his defense in the case, as Judge Winmill highlighted his failure to address the interpretation of the law.
Labrador’s office has been contacted for comment on the injunction by The Washington Examiner.
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