BOISE, Idaho — Federal District Judge Barry Lynn Winmill heard arguments from both sides regarding Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky's (PPGNHAIK) lawsuit - alongside two individual doctors - against Idaho Attorney General Raúl Labrador.
The lawsuit stems from a letter addressed to Idaho State Rep. Brent Crane (R-Nampa) where Mr. Labrador gave the opinion that, "Idaho law prohibits an Idaho medical provider from either referring a woman across state lines to access abortion services or prescribing abortion pills for the woman to pick up across state lines."
According to Idaho State Law (18-622) it is illegal to preform or assist in an abortion. A physician referring a patient outside state borders for an abortion procedure is - according to Mr. Labrador's opinion - considered assistance.
PPGNHAIK is asking Judge Winmill for an injunction to stop this opinion from preventing Idaho physicians in discussing out-of-state options with patients and providing relative information to help patients with any such decision.
The AG's office rescinded the opinion stated in the March letter on April 7, 2023, after the Idaho State Legislature passed House Bill 374 (HB374) to amend the state's abortion laws; the language surrounding "assistance" for an abortion remained unchanged.
“The law was enacted and the amendment of the existing statute by HB374 vitiates the 'question of law' rendering the letter void," The AG's office wrote KTVB in an email.
While Mr. Labrador has taken back the opinion stated in the March letter, he has not stated if the opinion was wrong or incorrect. The AG letter was a personal correspondence between Mr. Labrador and Rep. Crane, according to Chief of the Civil and Constitutional Defense Division Lincoln Davis Wilson. The letter was a privileged conversation - between an attorney and his client - that was not meant to be public, Wilson told Judge Winmill.
"There was confusion after the initial letter was issued and there was even more confusion after it was reportedly withdrawn. The physicians I have talked ot beside our client, they don’t know what to do. And that is scary for them. We're looking for clarity from the court," PPGNHAIK's attorney Colleen Smith said.
The AG's office must file documents with Judge Winmill by Thursday in relation to an amicus brief; after that point, Judge Winmill could make a decision on the proposed injunction, according to Smith.
“We will fight his legal opinion – rescinded or not – until we know that there is no threat to our providers.” PPGNHAIK CEO Rebecca Gibron said in a written statement.
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