Idaho is unable to enforce a law that prohibits reproductive rights advocates from assisting minors with obtaining abortions without parental consent, as stated by a federal court.
Magistrate Judge Debora K. Grasham of the US District Court for the District of Idaho granted a preliminary injunction against the state and mostly denied its motion to dismiss the suit.
Although the issue of Idaho’s law is linked to abortion, Judge Grasham asserted that the case is primarily about fundamental rights such as freedom of speech, expression, due process, and parental rights.
According to Grasham, the law targeted specific speech and expression, making it a content-based law. Additionally, she noted that the law was not narrowly tailored to serve a compelling state interest, and it violated protections against unconstitutionally vague laws.
Grasham also allowed the plaintiffs to proceed on their claim that the law violates their interstate travel rights but dismissed their claim that it violates a right to intrastate travel.
The plaintiffs had filed a lawsuit against Idaho Attorney General Raúl Labrador in July. Similar litigation is also pending in the US Court of Appeals for the Ninth Circuit over an opinion letter authored by Labrador.
Stoel Rives LLP, the Lawyering Project, and Legal Voice represent the plaintiffs in this case.