Idaho's 'abortion trafficking' law mostly can be enforced as lawsuit proceeds, court rules
Source: ABC News/AP
December 2, 2024, 11:36 PM
BOISE, Idaho -- A federal appeals court on Monday ruled that most of Idaho's first-in-the-nation law that makes it illegal to help minors get an abortion without the consent of their parents can take effect while a lawsuit challenging its constitutionality continues.
The decision by the 9th U.S. Circuit Court of Appeals said the statutes prohibition on helping a minor get an abortion by harboring and transporting them with the intent to conceal the procedure from the minors parents is likely to be found constitutional and can be enforced.
Part of the law remains blocked, however. The court found that the laws prohibition on recruiting pregnant youth violates the First Amendment. That means prosecutors, for now, will not be able to charge a person with recruiting or influencing a minor to have an abortion.
"Encouragement, counseling, and emotional support are plainly protected speech, the court wrote, even when that speech happens in the context of deciding whether to have an abortion. The ruling largely reverses U.S. Magistrate Judge Debora K. Grasham's decision, which prevented the law from being enforced after opponents sued the state in the summer of 2023.
Read more: https://abcnews.go.com/US/wireStory/idahos-abortion-trafficking-law-enforced-lawsuit-proceeds-court-116396381