A recent decision from a federal judge and the U.S. Department of Justice has revealed their firm stance against state attempts to restrict support for individuals seeking abortions across state lines.
These events in Idaho, along with federal intervention in an Alabama lawsuit, don’t offer a final resolution but may provide insight into the potential judicial validity of emerging abortion regulations.
Since last year’s U.S. Supreme Court ruling that overturned Roe v. Wade, Republican-led states have been enacting bans or stricter regulations on abortion. Conversely, blue states and certain red states that have locally voted on the issue, including Ohio, which recently enshrined abortion rights into its state constitution, have taken actions to protect access.
This divide has resulted in a significant policy contrast between states and has brought the issue of traveling for abortion to the forefront.
Despite a slight rise in the monthly number of abortions nationally following the Dobbs ruling, there has been a near elimination of abortions in the 14 states that have banned it throughout pregnancy.
Melissa Murray, a professor at New York University School of Law, has expressed uncertainty about how courts will approach these cases. “Individuals have a right to travel,” Murray said. “It’s not clear that people have the right to travel when they’re doing so to help someone leave the state for abortion elsewhere.”
Here are some developments to consider.
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IDAHO “ABORTION TRAFFICKING” BAN PLACED ON HOLD
In a pioneering move earlier this year, Idaho implemented an “abortion trafficking” ban, motivated by the National Right to Life Committee.
The law criminalizes adults obtaining abortion pills for minors or transporting a minor out of state for an abortion without parental consent. To avoid infringing on the constitutional right to travel between states, the law only applies to the portion of a trip to an out-of-state abortion provider that takes place in Idaho.
Charges have not been brought under the ban, although an Idaho woman and her son are facing kidnapping charges for allegedly taking the son’s minor girlfriend to Oregon for an abortion.
On Thursday, a federal judge halted enforcement of the trafficking law while the courts deliberate on its constitutionality.
In her ruling, U.S. Magistrate Debora K. Grasham highlighted the significance of the case: “Namely, long-standing and well recognized fundamental rights of freedom of speech, expression, due process, and parental rights.”
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JUSTICE DEPARTMENT WEIGHS IN ON ALABAMA CASE
Abortion rights advocates in Alabama filed a lawsuit against state Attorney General Steve Marshall in July, challenging his potential use of anti-conspiracy laws to prosecute those aiding others in obtaining an abortion out of state.
Although no charges have been filed, advocates argue that Marshall’s public statements have created concerns. The U.S. Department of Justice has stated that the state cannot impede travel for legal abortion and cannot threaten prosecution for assisting individuals in their travel.
A judge is yet to rule on the matter.
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LOCAL LAWS COME INTO PLAY, TOO
At least four Texas counties have introduced ordinances this year, allowing private citizens to sue those facilitating women’s travel on certain local roads for the purpose of obtaining an abortion.
Three of these counties are in west Texas, close to New Mexico, where abortion is legal throughout pregnancy. In contrast, Texas bans abortion in every stage of pregnancy, with exceptions only for the life or physical health of the woman.
No lawsuits have been reported under these new laws, and they have not faced court challenges so far.
