Idaho Attempts to Reinstate ‘Abortion Trafficking’ Law in US Appeals Court

A representative for the state of Idaho argued before a federal appeals court on Tuesday to reinstate a 2023 state law that prevents helping a minor cross state lines for an abortion without parental consent. The lower court had halted the law in November.

“The law is specific and should not be controversial,” stated Joshua Turner, Idaho Deputy Solicitor General, to the panel of judges at the 9th U.S. Circuit Court of Appeals in Seattle.

“It prohibits adults from assisting minors in Idaho to obtain an abortion with the intent of hiding it from the minor’s parents or guardians.”

In November, a federal judge in Boise blocked the law while the lawsuit brought by Lourdes Matsumoto, the Northwest Abortion Access Fund, and Indigenous Idaho Alliance is being considered. They argued that the law violated their First Amendment rights to free speech.

Lawyer Wendy Olson argued that the law criminalizes assistance to minors seeking abortions and infringes on free speech by preventing them from informing minors about abortion.

Two judges, M. Margaret McKeown and John Owens, seemed open to reinstating parts of the law during the arguments, while Carlos Bea did not comment during the proceedings.

Idaho has stringent abortion laws with limited exceptions, and neighboring states like Washington, Oregon, and Montana allow abortions.

Adults helping minors get abortions without consent could face up to two years in prison under the law.

This case is one of many challenging laws criminalizing assisting residents in traveling to states where abortion is legal following the 2022 U.S. Supreme Court decision overturning Roe v. Wade.

Alabama healthcare providers and a local fund also filed lawsuits seeking protection for people traveling out of state for abortions to prevent prosecution under state law. The state’s attorney general had raised the possibility of prosecution for aiding in accessing abortions out of state.