On Monday, a panel of federal judges mostly supported Idaho’s law aimed at penalizing adults who assist minors in seeking abortions outside the state or acquiring medication for abortion purposes.
The Ninth Circuit Court of Appeals has overturned U.S. Magistrate Judge Debora K. Grasham’s decision from November 2023, which had prevented the enforcement of the law following a lawsuit filed by Idaho attorney Lourdes Matsumoto and two advocacy groups, the Northwest Abortion Access Fund and the Indigenous Idaho Alliance, against the state. The plaintiffs claimed that the law limits freedom of speech, the right to travel, and the right to associate freely, arguing that its vagueness renders it unconstitutional.
Idaho enforces a strict ban on abortions at all stages of pregnancy, allowing exceptions only for victims of rape and incest who present a police report and are within the 12-week limit. It is bordered by multiple states where abortion is permitted, such as Washington, Oregon, and Montana. Washington permits minors to access abortion services without needing parental consent, while Oregon mandates that girls under 14 must have parental approval.
Matsumoto, a lawyer dedicated to helping victims of domestic and sexual violence in southwestern Idaho, including minors, was the initial named plaintiff in the lawsuit. Matsumoto expressed feeling constrained in the guidance she can offer to clients who are victims of sexual violence and face pregnancy, as previously reported by the Idaho Capital Sun.
Ninth Circuit judges ruled that the law is clear enough for enforcement and does not infringe on the First Amendment rights of the advocacy groups involved in the lawsuit.
They did confirm Grasham’s block for one reason. The panel determined that the wording in the law banning “recruiting” efforts to secure an abortion is excessively broad and unconstitutional, as it restricts a significant amount of protected expressive speech. The ruling confirms that other parts of the law prohibiting individuals from “harboring” or “transporting” minors for an abortion remain in effect.
