On Wednesday, a federal court upheld an injunction preventing Idaho’s Attorney General from prosecuting doctors who refer patients out of state to receive abortions.
Idaho code prohibits medical professionals from assisting in quote “performing or attempting to perform an abortion.” In a March 2023 letter written on official stationary and addressed to a lawmaker, Attorney General Raúl Labrador said he interpreted the word “assist” to also mean referring a patient across state lines to an abortion provider.
Planned Parenthood and two physicians then sued the state saying they feared prosecution for out-of-state referrals. In July, U.S. District Court Judge B. Lynn Winmill temporarily blocked Labrador or county prosecutors from going after doctors who discuss patients’ out-of-state abortion options. Labrador appealed the injunction and asked for the case to be given to another judge.
The federal court denied the appeal Wednesday, saying cases are reassigned when a judge exhibits personal bias. Labrador did not “come close to meeting that standard,” the ruling said.
Under Idaho’s abortion ban, providers who assist in performing an abortion outside of the statute’s narrow exemptions can lose their medical licenses, face felony charges and up to five years in prison. In a joint statement, Planned Parenthood and the ACLU said they were relieved by the decision.
In an email, the AG’s office said it was considering options for appeal.
