Clinton-Appointed Judge Blocks Idaho AG From Prosecuting Doctors Who Provide Out-Of-State Abortion Referrals
Katelynn Richardson on August 1, 2023
A federal judge issued a preliminary injunction Monday preventing Idaho’s attorney general from prosecuting doctors who refer patients for out-of-state abortions.
U.S. District Court Judge for the District of Idaho B. Lynn Winmill, a Clinton appointee, barred Idaho attorney general Raúl Labrador from interpreting the state’s abortion ban in a way that prevents doctors from referring their patients to abortion clinics across state lines. Planned Parenthood and two physicians sued Labrador in April, arguing his interpretation of the law infringes on their First Amendment rights by seeking to “punish individuals for speech and conduct related to abortions that take place in states where abortion is legal.”
“If the Medical Providers do not prevail in this lawsuit, they will suffer the very injury they assert—they will be forced to choose between facing criminal penalties themselves and offering referrals and information about legal out-of-state medicinal services to their patients,” Winmill wrote. “Simply put, their speech will be chilled.”
Under Idaho’s abortion ban, health care professionals who “assist” in an abortion can be stripped of their license. In a March letter to Republican Idaho state Rep. Brent Crane, Labrador interpreted the law’s prohibition on assisting in an abortion to also prevent “an Idaho medical provider from either referring a woman across state lines to access abortion services or prescribing abortion pills for the woman to pick up across state lines,” according to court documents.
Idaho passed an “abortion trafficking” law in April that makes it illegal for an adult to help a minor get an abortion without parental consent, which abortion advocates also filed a lawsuit against in July.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].