Court: Idaho can’t ban referrals for out-of-state abortions
- The court said Idaho can't sanction doctors who send patients out of state
- The state's attorney general said the abortion ban includes referrals
- A court ruled that legal opinion violates provider's First Amendment rights
Demonstrators hold signs as they rally outside the Supreme Court building during the Women’s March in Washington, Saturday, June 24, 2023. Abortion rights and anti-abortion activists held rallies Saturday in Washington and across the country to call attention to the Dobbs v. Jackson Women’s Health Organization ruling on June 24, 2022, which upended the 1973 Roe v. Wade decision. (AP Photo/Stephanie Scarbrough)
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(NewsNation) — A federal court blocked enforcement of a legal opinion that would have prohibited health care providers from referring patients for abortions in other states.
The opinion from Idaho Attorney General Raúl Labrador claimed the state’s abortion ban extended to referrals made to out-of-state providers.
Idaho health care providers sought the emergency action, with support from neighboring states like Washington, which argued it would infringe on their citizens.
“Providers shouldn’t face the threat of punishment for helping their patients obtain the abortion care they need in states where abortion is legal,” said American Civil Liberties Union staff attorney Meagan Burrows.
After filing the opinion in March, Labrador pulled it for procedural reasons after the lawsuit was filed. However, he refused to renounce the contents of the letter or say he would not attempt to enforce the state’s ban against providers who made referrals for out-of-state procedures.
The court found the interpretation of the ban violated provider’s First Amendment rights by infringing on their ability to provide critical medical information for their patients. The preliminary junction bans Idaho from sanctioning or prosecuting any provider who provides patients with information on abortion care outside the state.
