US court rules most of Idaho’s ‘abortion trafficking’ law can take effect

[KARAH RUCKER]

A FEDERAL APPEALS COURT HANDED DOWN A RULING ALLOWING IDAHO TO MOVE FORWARD WITH A FIRST-OF-ITS-KIND LAW MAKING IT A CRIME TO HELP MINORS GET AN OUT OF STATE ABORTION WITHOUT PARENTAL CONSENT. THE NEW RULING REVERSES A LOWER COURT DECISION THAT PREVENTED THE LAW FROM TAKING EFFECT FOLLOWING A 2023 LAWSUIT.

THE 9TH U.S. CIRCUIT COURT OF APPEALS SAID MONDAY, DEC. 2, THAT THE STATUTE FOCUSES ON STOPPING THE ACT OF TRANSPORTING AND HARBORING A MINOR WITH THE PURPOSE OF HIDING THE PROCEDURE FROM THE MINORS’ PARENTS CAN BE ENFORCED. THE COURT SAID IT’S LIKELY TO BE FOUND CONSTITUTIONAL.

THE NEW LAW, DUBBED THE “DEFENSE OF LIFE ACT,” CARRIES A SENTENCE OF UP TO FIVE YEARS IN PRISON IF CONVICTED. THE MINORS PARENTS WOULD ALSO BE ABLE TO SUE ANYONE ASSISTING THE MINOR IN RECEIVING AN ABORTION.

AFTER ROE V. WADE WAS OVERTURNED IN 2022, IDAHO PASSED A LAW BANNING ALMOST ALL ABORTION CASES WITH EXCEPTION TO RAPE AND INCEST.

IN 2023, THE STATE FURTHERED ITS AGENDA BY PASSING WHAT LAWMAKERS CALLED AN “ABORTION TRAFFICKING” LAW. IT PROHIBITS MINORS FROM TRAVELING TO OTHER STATES, SUCH AS OREGON, MONTANA AND WASHINGTON, WHERE THE PROCEDURE REMAINS LEGAL.

WHILE SUPPORTERS OF THE LAW CALLED THE RULING A WIN, OPPONENTS HAVE CLAIMED VICTORY AS PART OF THE LAW REMAINS BLOCKED. THE COURT’S DECISION FOUND THE LAW’S BAN ON RECRUITING PREGNANT MINORS GOES AGAINST THE FIRST AMENDMENT OF FREE SPEECH.

“ENCOURAGEMENT, COUNSELING AND EMOTIONAL SUPPORT” ARE PROTECTED SPEECH REGARDLESS IF IT’S USED IN CONTEXT OF HAVING AN ABORTION, THE COURT SAID.

WITH THE RULING, PROSECUTORS ARE UNABLE TO BRING CHARGES AGAINST ANYONE WHO INFLUENCES A MINOR TO SEEK AN ABORTION.

“WE WILL NOT STOP PROTECTING LIFE IN IDAHO,” IDAHO ATTORNEY GENERAL RAÚL LABRADOR SAID.

A LAWYER FOR THE PLAINTIFFS SAID THE RULING FREES IDAHOANS TO TALK WITH PREGNANT MINORS ABOUT REPRODUCTIVE HEALTHCARE, INCLUDING THE POSSIBILITY OF ABORTION.