From Planned Parenthood Greater Northwest v. Labrador, decided Monday by Judge B. Lynn Winmill (D. Idaho) (and already appealed):
This case involves a challenge to Attorney General Raúl Labrador's interpretation of Idaho's criminal abortion statute, Idaho Code § 18-622. Earlier this year, Attorney General Labrador drafted a letter interpreting this sentence of Section 18-622: "The professional license of any health care professional who … assists in performing or attempting to perform an abortion … shall be suspended …." That letter interprets the "assisting" language to include providing information about or referring patients to legal out-of-state abortion services….
Interestingly, the State did not engage [plaintiffs' First Amendment] argument in any way, relying instead entirely on its jurisdictional challenges [which the court rejected -EV]…. [T]he Court finds that the Medical Providers are likely to succeed on their First Amendment cause of action.
