Court upholds injunction blocking Idaho from prosecuting doctors for out-of-state abortion referrals

On Wednesday, a federal court upheld a preliminary injunction blocking Idaho’s attorney general from prosecuting doctors who refer patients abroad for abortions.

Idaho law prohibits medical professionals from assisting in “performing or attempting to perform an abortion.” In a March 2023 letter written on official stationery and addressed to a lawmaker, Attorney General Raúl Labrador said he also interpreted the word “assist” to mean the referral of a patient across state lines to an abortion provider.

Planned Parenthood and two doctors then sued the state, saying they feared criminal prosecution for wire transfers from abroad. In July, U.S. District Court Judge B. Lynn Winmill temporarily barred Labrador or county prosecutors from prosecuting doctors who discuss abortion options for patients outside the state. Labrador appealed the injunction and asked that the case be transferred to another judge.

The federal court rejected the appeal on Wednesday, saying cases would be reassigned if a judge showed 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 the law’s narrow exemptions can lose their medical license, face criminal 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 the possibility of an appeal.