A federal appeals court ruled on Monday that Idaho can enforce its “abortion trafficking” law against individuals who harbor or transport a minor out of state for an abortion without parental consent. The San Francisco-based 9th U.S. Circuit Court of Appeals blocked a portion of the law that prohibits “recruiting” a minor for an abortion.
Idaho passed the abortion trafficking law in 2023, criminalizing “recruiting, harboring, or transporting” a minor to obtain an abortion while concealing it from parents or guardians. Violators face two to five years in prison under the law. The state also bans abortion in nearly all cases.
Lourdes Matsumoto, a lawyer and advocate for victims of sexual violence, along with two abortion rights groups, sued the state soon after the law’s enactment. They argued the law violated their First Amendment right to free speech and prevented them from counseling minors about abortion options.
Circuit Judge M. Margaret McKeown, writing for the majority, upheld the harboring and transporting provisions of the law, stating these acts do not constitute speech. However, she struck down the recruiting provision, reasoning it encompasses protected speech under the First Amendment, including counseling, advocacy, and emotional support related to abortion care.
McKeown clarified that Idaho cannot criminalize abortions legally performed in other states. She wrote, “Idaho’s asserted police powers do not properly extend to abortions legally performed outside of Idaho.”
Both sides claimed victory in the ruling. Idaho Attorney General Raul Labrador celebrated the decision, calling it “a tremendous victory” and vowing to continue protecting life in the state. Meanwhile, Wendy Heipt, a lawyer for the plaintiffs, called the decision “a significant victory” that allows Idahoans to discuss abortion healthcare with pregnant minors.
Circuit Judge John Owens joined McKeown in the ruling, while Circuit Judge Carlos Bea dissented. Bea argued the court should dismiss the entire challenge, citing the plaintiffs’ failure to sue local prosecutors responsible for enforcing the law instead of Attorney General Labrador.
Idaho’s abortion ban allows exceptions only to save the mother’s life or for rape or incest cases reported to law enforcement. The state borders Washington, Oregon, and Montana, where abortion laws are more permissive.
More than 20 Republican-led states have banned or restricted abortion since the U.S. Supreme Court overturned Roe v. Wade in 2022, eliminating the federal right to abortion established in 1973.
