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

Idaho is seeking to overturn a 2023 law in federal appeals court that criminalizes aiding a minor in crossing state lines for an abortion without parental consent, which was blocked by a judge last November.

A case challenging the law is being heard by a three-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle. The lawsuit was brought by Lourdes Matsumoto, a lawyer and advocate for victims of sexual violence, as well as the Northwest Abortion Access Fund and Indigenous Idaho Alliance, organizations that support abortion access in Idaho.

A preliminary ruling by U.S. Magistrate Judge Debora Grasham in Boise found that the law, signed by Republican Governor Brad Little, violated the plaintiffs’ First Amendment rights to free speech and expression.

The judge also noted that the law is vague in defining what constitutes illegal abortion trafficking.

Idaho argues that the plaintiffs lack legal standing to challenge the law since they do not have concrete plans to violate it. The state asserts its right to protect parents’ involvement in their children’s decisions.

Idaho has strict abortion laws with limited exceptions, but borders states like Washington, Oregon, and Montana where abortion is legally accessible. Similar to other conservative states, Idaho aims to prevent residents from seeking abortions in other states.

According to the law, adults aiding minors in obtaining abortions without parental consent could face imprisonment. The plaintiffs argue that the law infringes on their First Amendment rights and interferes with the constitutional right to interstate travel.

This case is part of a larger legal battle concerning laws that criminalize assisting individuals in traveling out of state for abortions following the overturning of Roe v. Wade in 2022. The U.S. Department of Justice has supported similar lawsuits in Alabama, asserting that the Constitution protects the right to travel for abortion.