US federal judge temporarily blocks Idaho ban on out-of-state abortion referrals News
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US federal judge temporarily blocks Idaho ban on out-of-state abortion referrals

A US federal judge ruled on Monday that Idaho cannot enforce a ban on out-of-state abortion referrals, saying that such a prohibition would violate doctors’ First Amendment right to free speech. The block on enforcement will remain in effect while a lawsuit challenging a March letter from Idaho’s Attorney General Raúl Labrador continues.

Labrador’s letter interpreted Idaho’s ban on abortion and “assistance” to those seeking abortions to mean that doctors could not refer patients to out-of-state reproductive services. Labrador argued that “Idaho law prohibits an Idaho medical provider from either referring a woman across state lines to access or prescribing abortion pills for the woman to pick up across state lines.” US District Judge for the District of Idaho B. Lynn Winmill rejected this interpretation, saying that it “impermissibly regulates speech based on content and viewpoint.” Winmill said that the medical providers challenging the interpretation were likely to succeed on the merits, emphasizing that the state of Idaho only made jurisdictional arguments and did not provide any counter-arguments to First Amendment claims.

Abortion advocates celebrated Winmill’s decision, with president and CEO of Planned Parenthood Federation of America Alexis McGill Johnson saying:

We are relieved that the court saw the clear threat to Idahoans’ health and autonomy and blocked enforcement of this egregious legal opinion. Providers are already banned from providing abortion care in Idaho. To prevent them from serving as trusted resources for patients — further harming people in need of care — is a reckless encroachment on their rights.

Idaho is not the only state that has attempted to curtail out-of-state access to abortion services. Alabama Attorney General Steve Marshall has indicated that Alabama may also prosecute people involved in providing out-of-state abortion services to Alabama residents. A group of healthcare providers filed a lawsuit on Monday to prevent such actions.

The ruling comes as conservative state legislatures target abortion rights in the US after the Supreme Court removed the federal right to an abortion. Human rights groups have expressed dismay about US abortion restrictions that put patients at risk, urging the UN to take action. Some judges have blocked some of these strict restrictions from being enforced.

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