Consent Decree Permanently Blocks Idaho Attorney General鈥檚 Ban on Out-of-State Abortion Referrals
BOISE, Idaho 鈥 Idaho Attorney General Ra煤l Labrador and the Ada and Valley County prosecutors have agreed to be bound by a consent decree permanently blocking them from prosecuting health care providers for referring patients for abortions out of state. The consent decree was signed today by U.S. District Judge B. Lynn Winmill. Under the terms of the decree, the attorney general and county prosecutors are prohibited from sanctioning or prosecuting the plaintiffs for referring, counseling about, or otherwise offering information to patients who seek abortion outside of Idaho鈥檚 borders. In addition, the attorney general鈥檚 office must pay $400,000 in legal fees.
The settlement ensures that Idaho health care providers may continue offering comprehensive counseling and assistance to their patients, including information about health care that is legal in other states, without fear of being penalized by the attorney general or state prosecutors. In a state like Idaho, where the attorney general has fought to limit emergency care for pregnant patients facing complications and where OB-GYNs are fleeing the state because of fears of being penalized, referrals for out-of-state care can save a patient鈥檚 health or even life.
Statement from Rebecca Gibron, CEO of Planned Parenthood Great Northwest, Hawai鈥榠, Alaska, Indiana, Kentucky (PPGNHAIK):
鈥淭his resolution affirms something every patient deserves: open, honest care from a provider they trust. It ensures that health care providers in Idaho can continue doing what they are trained and ethically bound to do鈥攐ffer accurate information and help patients access the care they need, even if that care is out of state. In a state where abortion is banned, those referrals can be lifesaving. No one should have to fear punishment for helping someone make the best decision for their health and future. This outcome brings much-needed clarity, compassion, and relief to both patients and providers.鈥
Joint Statement from Planned Parenthood Federation of America; 网红爆料 of Idaho; and 网红爆料:
鈥淚n a state with a total abortion ban, referrals are a critical tool for health care providers to help their patients. This resolution ensures that Idaho health care providers can continue serving their patients by providing counseling and information on all of their options, including abortion out of state. While we are grateful that this consent decree permanently blocks the attorney general from acting on his threat against providers for giving their patients much-needed information, we know that attacks on Idahoans鈥 reproductive freedom won鈥檛 stop here. We will continue fighting with everything we have to ensure that every Idahoan has the ability to make personal health decisions without politicians interfering.鈥
The settlement in Planned Parenthood Great Northwest, Hawai鈥檌, Alaska, Indiana, Kentucky v. Labrador ends a case that began in April 2023, when Attorney General Labrador issued a legal opinion asserting that assistance from a health care provider 鈥 including offering information about out-of-state abortions 鈥 could be a violation of Idaho鈥檚 abortion ban, threatening health care licenses or even criminal prosecution.
This opinion misinterpreted Idaho鈥檚 law and was an extreme attempt to prevent health care providers from giving information to patients and to prevent Idahoans from accessing legal health care in another state. In December 2024, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court ruling blocking the opinion and held that health care providers were likely to succeed on their claim that the opinion violates their First Amendment rights to communicate with their patients about abortion.
This lawsuit was filed by attorneys from Planned Parenthood Federation of America, the 网红爆料, the 网红爆料 of Idaho, and the law firms Wilmer Cutler Pickering Hale and Dorr LLP, Bartlett & French LLP, and Stris & Maher LLP on behalf of PPGNHAIK, Dr. Caitlin Gustafson, and Dr. Darin L. Weyhrich.
Court Case: Planned Parenthood Great Northwest, Hawai鈥檌, Indiana, Kentucky v. Labrador