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Tipsheet

Idaho Doctors Can Refer Women Out-of-State to Get Abortions, Judge Rules

AP Photo/Rebecca Santana

This week, a judge temporarily blocked the state of Idaho from prosecuting doctors who refer patients out-of-state to obtain abortions. 

According to Reuters, U.S. District Court Judge B. Lynn Winmill, who was appointed by Democratic President Bill Clinton, sided with abortion behemoth Planned Parenthood, which brought forward the lawsuit earlier this year. Reportedly, Planned Parenthood argued that the law violates abortion doctors’ free speech rights. 

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Since the fallout of Roe v. Wade, Idaho has enacted pro-life legislation, which Townhall has covered. The law blocked this week would revoke the license of healthcare professionals who assist in an abortion. “Assisting” can also apply to doctors who refer women out-of-state to get an abortion.

"The Court finds that the Medical Providers have established that there is a genuine threat of prosecution. This threat has resulted in the chilling of the Medical Providers' speech - a well-established concrete injury," Windmill reportedly wrote in the ruling.

A spokesperson for Idaho’s Republican Attorney General Raul Labrador came out against the ruling. 

"In his 28-year career you'd be hard-pressed to find a time when Judge Winmill has ruled against Planned Parenthood, so his decision is not surprising. Judge Winmill wants to restrain a power we don't possess. We strongly disagree with his order," spokesperson Beth Cahill said in a statement.

Democratic Sen. Patty Murray, who represents Idaho’s border state, Washington, described the state’s legislation meant to protect unborn life as “draconian.”

This year, Idaho made history by introducing a first-of-its-kind legislation surrounding “abortion trafficking.” Gov. Brad Little, a Republican, made history by signing the bill into law, ensuring that adults do not take pregnant minors across state lines to terminate a pregnancy. 

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“An adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, un-emancipated minor, either procures an abortion … or obtains an abortion-inducing drug for the pregnant minor to use for an abortion by recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking,” the law, H.B. 242, states, which Townhall covered. Those who break the law could face two to five years behind bars and be sued by the child’s parent or legal guardian.

State Rep. Kevin Andrus, a Republican, told the Associated Press that parents’ rights were the main focus of the bill. 

“We want to make sure that parents have a say in the life choices of their children,” Andrus said. “It will do a lot to save lives.” 

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