A federal appeals court has ruled that Idaho can enforce its “abortion trafficking” law, which penalizes those who harbor or transport a minor across state lines for an abortion without parental consent. The 9th U.S. Circuit Court of Appeals upheld portions of the 2023 law, which criminalizes “harboring or transporting” a minor for an abortion, with penalties of two to five years in prison. However, the court blocked provisions prohibiting “recruiting” a minor, citing First Amendment concerns.
The law was challenged by lawyer Lourdes Matsumoto and abortion rights groups, who argued that it infringed on free speech and deterred counseling minors seeking abortions. Circuit Judge M. Margaret McKeown, writing for the majority, stated that while transporting and harboring are not protected speech, recruiting could encompass constitutionally protected actions such as counseling, advocacy, and education. She emphasized that Idaho cannot criminalize legal abortions performed in other states, where laws are more permissive.
Idaho Attorney General Raul Labrador praised the decision as a “tremendous victory,” affirming the state’s commitment to anti-abortion laws. Conversely, plaintiffs’ lawyer Wendy Heipt celebrated the ruling as a victory for free speech, allowing Idaho residents to discuss abortion care with minors.
The court’s decision partly reversed a lower court ruling that had blocked the law entirely. Judge Carlos Bea dissented, arguing the lawsuit should have been dismissed on procedural grounds.
Idaho’s abortion ban, among the nation’s strictest, allows exceptions only to save the mother’s life or for rape or incest reported to law enforcement. The case highlights ongoing tensions in Republican-led states imposing abortion restrictions following the Supreme Court’s 2022 overturning of Roe v. Wade.
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