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Idaho has reached a legal agreement that prevents state officials from prosecuting doctors who refer patients to other states for abortion services. This comes as part of a consent decree approved by U.S. District Judge B. Lynn Winmill on Thursday, following a lawsuit brought by Planned Parenthood and two physicians. The lawsuit was filed in April 2023 after Idaho Attorney General Raul Labrador indicated that doctors making such referrals could be violating state law and risk losing their medical licenses. Idaho enforces a near total ban on abortion, with only narrow exceptions. Under the decree, Labrador and county prosecutors are barred from taking legal or professional action against healthcare providers who offer referrals, counseling, or information about out-of-state abortion options. Planned Parenthood argued that the restriction violated the First Amendment rights of doctors and improperly regulated medical procedures that are legal in other states. The organization stressed that doctors must be able to provide full and honest information to their patients without fear of legal punishment. In December 2023, a federal appeals court had already issued a temporary block on enforcement of Labrador’s interpretation of the law. During oral arguments, a lawyer for the attorney general confirmed that the office did not intend to prosecute doctors for such referrals. Attorney General Labrador stated that the agreement does not weaken Idaho’s strong anti abortion laws, which remain in effect. He said the consent decree merely confirms that the state lacks the legal authority to prosecute referrals for services performed legally in other jurisdictions. Planned Parenthood welcomed the outcome, calling it a critical victory for reproductive rights and for maintaining trust between patients and their healthcare providers. The case highlights ongoing legal challenges and policy shifts following the Supreme Court's 2022 decision to overturn Roe v. Wade.
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