Federal judge halts interpretation of Idaho law restricting out-of-state abortion referrals

A federal judge in Idaho has issued a preliminary injunction to block an opinion from the state’s attorney general that banned physician referrals for out-of-state abortions. Despite the opinion being withdrawn, the judge’s decision prevents the enforcement of this interpretation of the law. Idaho has strict abortion restrictions, permitting termination only in cases that threaten the mother’s life, or those involving rape or incest where law enforcement is involved.

Back in March, Idaho Attorney General Raúl Labrador clarified the state’s abortion laws in a letter to Idaho state Rep. Brent Crane. In the letter, Labrador stated that Idaho medical providers were prohibited from referring women across state lines for abortion services or prescribing abortion pills to be obtained out of state.

The injunction was granted in response to a request from health care providers, including Planned Parenthood of the Great Northwest and the Hawaiian Islands (PPGNHI), who argued that the interpretation of the law hindered the sharing of critical medical information with patients. PPGNHI CEO Rebecca Gibron expressed relief at the outcome but criticized the collusion between Rep. Crane and an anti-abortion group that led to the attorney general issuing the opinion.

Labrador’s letter, intended to be private, was leaked and posted on an anti-abortion group’s website. The attorney general subsequently withdrew the opinion, stating that it had been “mischaracterized as law enforcement guidance.” However, the plaintiffs in the case were still concerned that the interpretation might still be enforced, potentially causing physicians to be wrongly found in violation.

The state government argued that the withdrawal of the opinion rendered the legal proceedings moot. Nevertheless, Judge B. Lynn Winmill determined in his ruling that the withdrawal letter did not sufficiently address the plaintiffs’ concerns or reject the statutory interpretation in the initial letter.

In his order, Winmill granted the plaintiffs’ request to block Labrador from enforcing his previous interpretation of the law but denied an injunction regarding the Idaho State Board of Medicine, the Idaho State Board of Nursing, and individual county prosecuting attorneys.

The Idaho Attorney General’s Office disagreed with the judge’s decision and stated that Judge Winmill has frequently ruled in favor of Planned Parenthood. The office believes that the judge is attempting to limit their authority, a position they strongly disagree with.

In conclusion, a federal judge has granted a preliminary injunction to halt the enforcement of an opinion from Idaho’s attorney general that banned physician referrals for out-of-state abortions. This decision comes after the opinion was withdrawn, but concerns remained about its potential enforcement. The judge’s ruling blocks the attorney general from enforcing his interpretation of the law.

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