Federal judge blocks Idaho’s AG from prosecuting doctors for out-of-state abortion referrals

BOISE, Idaho (KMVT/KSVT) —A federal court has blocked the state of Idaho from prosecuting doctors who refer patients to go out of state for an abortion.

U.S. Judge B. Lynn Winmill granted an emergency request from Idaho health care providers to block the enforcement of a legal opinion, issued by Idaho Attorney General Raúl Labrador on March 27th.

Although Labrador later rescinded the opinion, Judge Winmill stated the attorney general has refused to disavow the letter’s interpretation.

“In his 28-year career you’d be hard pressed to find a time when Judge Winmill has ruled against Planned Parenthood, so his decision is not surprising. Judge Winmill wants to restrain a power we don’t possess. We strongly disagree with his order.”

The preliminary injunction allows health care providers to continue offering comprehensive counseling and assistance to their patients. The court ruled that Labrador’s interpretation of Idaho’s ban infringes on health care providers’ first amendment right to refer their patients for abortion care.

Labrador filed a notice to appeal the decision on Tuesday in U.S. District Court.

“Are we surprised AG Labrador filed an appeal? Of course not. But Labrador can’t have it both ways. He can’t claim that he is taking back the contents of the letter with no legal commitment while also appealing the verdict of this case. The fact that he’s appealing the verdict at all further proves that our lawsuit was necessary in the first place: he plans on going after our providers.”

The Idaho Capital Sun reports Judge Winmill said parties have 14 days to submit litigation and discovery plans.

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