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Court Rules Idaho Can Enforce Ban On Interstate Abortion Travel

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Court Rules Idaho Can Enforce Ban On Interstate Abortion Travel


A federal appeals court has ruled that Idaho can enforce its abortion travel ban, which prohibits minors from traveling out of state for abortions without parental consent.

The decision Monday by the Ninth Circuit Court of Appeals reversed a 2023 decision that had blocked the law on First Amendment grounds.

The law, signed last year by Gov. Brad Little (R), created a new felony called “abortion trafficking,” defined as when an “adult … with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion … or obtains an abortion-inducing drug” for that minor. “Abortion trafficking” also involves “recruiting, harboring, or transporting” a pregnant minor for an abortion, the law states. Violations are punishable by two to five years in prison.

The law’s sweeping language criminalizes anyone transporting a pregnant minor without parental consent within Idaho to get any abortion care, even outside a clinic. It could apply to a grandmother driving a pregnant minor to the post office to pick up a package containing abortion medication, for example.

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The court of appeals largely upheld the law, except for the language that prohibited “recruiting,” a vague term that was not defined within the law. The panel of judges found the recruiting provision is “unconstitutionally overbroad because it prohibits a substantial amount of protected expressive speech.”

Idaho Attorney General Raúl Labrador, a vocal opponent of abortion, called the ruling a “tremendous victory” in a press release.

“Idaho’s laws were passed specifically to protect the life of the unborn and the life of the mother,” Labrador said. “Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho.”

Raul Labrador, Idaho’s attorney general, speaks outside the US Supreme Court earlier this year. Labrador has advocated for an interstate abortion ban travel as well as banning health-stabilizing abortions for women in medical emergencies.

Bloomberg via Getty Images

Idaho’s law is one of two in the country that prohibit minors from traveling out of state for abortion care. It was the first to be implemented after Roe v. Wade fell and is the only law of its kind that carries a felony punishment.

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“This decision is devastating for young people in Idaho and the trusted adults who support them,” Rebecca Gibron, the CEO of Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, said in a press release.

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“Instead of protecting our youth, this law puts them in harm’s way,” she continued. “It forces minors in abusive households to disclose pregnancies, often with severe consequences, while also criminalizing those who would offer them help.”

Idaho is one of the most extreme anti-abortion states in the country. The state implemented a six-week ban with a private enforcement mechanism as soon as Roe fell, and Little signed a near-total abortion ban just a month later. Idaho went all the way to the Supreme Court to argue that women should not be able to access abortion care during a medical emergency, claiming that Idaho’s abortion ban overrides federal law that requires most hospitals to offer abortion care if necessary to stabilize the health of a pregnant patient.

Read the Ninth Circuit Court’s decision below:



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Insurer asks Idaho Department of Insurance to investigate hospital billing practice – East Idaho News

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Insurer asks Idaho Department of Insurance to investigate hospital billing practice – East Idaho News


POST FALLS (Idaho Capital Sun) — A major Idaho health insurer this week asked the Idaho Department of Insurance to investigate the billing practices of a new North Idaho hospital.

Blue Cross of Idaho claims that Post Falls ER & Hospital has refused offers to be part of the insurer’s network of in-network providers, and has instead relied heavily on a last-resort financial protection that lets health care providers dispute insurer payments.

Blue Cross of Idaho Chief Strategy Officer Drew Hobby said the insurer wants to protect consumers from rising health care costs.

“We have a responsibility to help Idahoans get access to high quality, affordable care. And we’re very concerned and alarmed with this process, which we would say is driving up unreasonable costs and unreasonable rates to Idahoans,” he told the Idaho Capital Sun in an interview.

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The Idaho Department of Insurance is reviewing the issue, agency spokesperson Julie Robinson said in a statement.

The Post Falls ER & Hospital opened in 2024. The facility was Nutex Health Inc.’s first micro-hospital in Idaho.

Post Falls ER & Hospital could not be immediately reached for comment.

Outside of the Post Falls ER & Hospital, 100% of hospitals in Idaho are in Blue Cross’s network, Hobby said. Blue Cross also asked the Department of Insurance to help get the hospital’s owners to meet with Blue Cross.

What is the billing practice Blue Cross wants Idaho to investigate?

In its letter to the Idaho Department of Insurance, Blue Cross asked for a probe into whether the Post Falls ER & Hospital has misused a process called independent dispute resolution.

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The process, created by the federal No Surprises Act, allows health care providers to challenge denials and payments by health insurers for services that are out of network, triggering arbitration to decide the final payment.

Each week in recent months, Blue Cross received an average of 75 dispute requests from the hospital, the insurer said in its letter. That is much more than the insurer says it received from all other health care entities in Idaho. On average each month, Hobby said Blue Cross only received 14 dispute requests from other providers in Idaho.

“Compared to the rest of providers that we work with … the volume is alarming,” Hobby said.

The payments sought in that process are often high, Blue Cross told the Department of Insurance. One example Hobby shared was a claim for nearly $2,900 to treat a runny nose, which was well over the $376 that is the median commercial rate for nasal congestion.

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Chief Deputy/COO Dan McElhinney leaves ITD

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Chief Deputy/COO Dan McElhinney leaves ITD




With more than three decades of public service, Idaho Transportation Department (ITD) Chief Deputy Director and Chief Operations Officer Dan McElhinney has announced he is leaving state service.

McElhinney focused on relationships and working with local leaders and community members to improve safety on Idaho’s transportation system. A significant advocate for stakeholder partnerships, he established the work zone safety task force and strengthened the Construction Partnering program with the Idaho Associated General Contractors.

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“I am so grateful for Dan’s dedication and emphasis on connecting with communities and overseeing the historic investments in construction focused on safety and mobility, which have enhanced quality of life for Idahoans,” said ITD Director Scott Stokes.

ITD Chief Engineer Dave Kuisti has been named acting Chief Operations Officer until permanent leadership position changes are determined.





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Idaho’s transgender sports ban headed to U.S. Supreme Court

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Idaho’s transgender sports ban headed to U.S. Supreme Court


WASHINGTON D.C. — Idaho’s ban on transgender women competing in sports will be argued in front of the U.S. Supreme Court.

The Gem State was the first in the nation to prohibit transgender athletes from participating in women’s and girls’ sports in 2020. The law, known as The Fairness in Women’s Sports Act, has faced ongoing legal challenges since its passage.

Lindsay Hecox, a transgender Boise State University student who first challenged the ban, attempted to dismiss the case earlier this year. A federal judge rejected the request, keeping the lawsuit active.

In his ruling, U.S. District Judge David Nye said “[Idaho] has a fair right to have its arguments heard and adjudicated once and for all.”

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Now, the legal question that will be answered by the Supreme Court is: “Whether laws that seek to protect women’s and girls’ sports by limiting participation to women and girls based on sex violate the Equal Protection Clause of the Fourteenth Amendment.”

The Supreme Court is expected to hear arguments on Jan. 13.





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