Idaho Abortion Trafficking Law Partially Reinstated by Federal Appeals Court

The Ninth Circuit allows enforcement of provisions criminalizing aiding minors in seeking abortions without parental consent, while blocking restrictions on protected speech.

The Ninth U.S. Circuit Court of Appeals ruled Idaho can enforce parts of its 2023 'abortion trafficking' law, which criminalizes helping minors travel out of state for abortions without parental consent.
The court blocked the law's prohibition on 'recruiting' minors for abortions, citing First Amendment protections for speech such as counseling, education, and advocacy.
Violations of the law, including helping minors obtain abortion pills or travel, carry penalties of two to five years in prison, though parents who committed rape are excluded from suing under the law.
Idaho Attorney General Raúl Labrador called the decision a victory for protecting life, while abortion rights advocates celebrated the speech-related ruling as a significant win.
This ruling comes as over 20 Republican-led states have enacted abortion bans or restrictions following the Supreme Court's 2022 reversal of Roe v. Wade.

San Francisco Chronicle