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Idaho health care providers can refer patients for abortions out of state, federal judge rules

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Idaho health care providers can refer patients for abortions out of state, federal judge rules


A federal judge has ruled that it would violate Idaho medical providers’ free speech rights to sanction them for referring patients to out-of-state abortion services, rejecting the state attorney general’s interpretation of Idaho’s abortion ban.

Idaho’s law makes it illegal to perform or attempt to perform an abortion, a crime punishable by two to five years in prison. It also makes it unlawful for health care professionals to assist in the provision or attempted provision of one, with the penalty being the suspension or loss of their medical license.

Republican Idaho Attorney General Raul Labrador wrote a letter to a conservative lawmaker in March in which he opined that referring a patient to legal abortion services in other states would constitute assisting in an abortion or attempted abortion — and thus would require the suspension of the health professional’s license.

Planned Parenthood and several medical providers sued the next month, arguing such a restriction would violate their First Amendment right to free speech. Health care providers are not restricted from referring patients out of state for prenatal care or other treatment, they noted.

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Jennifer and Tim Kohl poses for a photo in their front yard with the American flag and a thin blue line flag in Star, Idaho, on April 14, 2023. The couple recently moved to Idaho from the Los Angeles area. Americans are segregating by their politics at a rapid clip, helping fuel the greatest divide between the states in modern history. (AP Photo/Kyle Green)

Medical professionals “will be forced to choose between facing criminal penalties themselves and offering referrals and information about legal out-of-state medicinal services to their patients,” U.S. District Judge B. Lynn Winmill wrote in his order Monday. “Simply put, their speech will be chilled.”

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The case is one of two targeting Idaho’s strict abortion laws. A separate lawsuit challenges a new Idaho measure making it illegal to help minors get an abortion without parental consent. Attorneys general from 20 states filed a brief Tuesday urging the court to block it.

“The Constitution protects the individual right to travel between states, and Idaho’s radical Legislature cannot abolish that right,” Democratic Washington Attorney General Bob Ferguson said in a statement.

Even before the U.S. Supreme Court’s Dobbs decision last year overturned the landmark abortion rights ruling in Roe v. Wade, some Idaho residents traveled to neighboring states for the procedure just because they had the closest clinic.

But in the following year, with abortion criminalized in Idaho, its neighboring states saw a significant increase in abortions, including almost 1,500 in Washington, more than 1,300 in Oregon and nearly 2,600 in Nevada, according to data from the Society of Family Planning.

“Providers shouldn’t face the threat of punishment for helping their patients obtain the abortion care they need in states where abortion is legal,” said Meagan Burrows, staff attorney with the American Civil Liberties Union’s Reproductive Freedom Project.

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Winmill’s order blocked the Office of Attorney General from enforcing Idaho’s criminal abortion law as Labrador interpreted it. For technical and procedural reasons, he did not block the state boards of medicine and nursing from suspending the licenses of providers who refer patients for abortions out of state or who prescribe abortion drugs for patients to pick up in another state.

However, Colleen Smith, a participating attorney with ACLU of Idaho, said the plaintiffs were confident that the same rationale the judge applied to the attorney general’s office should also apply to the boards.

The boards have not indicated they intend to start suspending the licenses of providers in such cases. Bob McLaughlin, a public information officer with the Idaho Division of Occupational and Professional Licenses, said the Idaho Board of Medicine does not comment on pending litigation.

“We think that they’ve probably gotten the message, based on what the court decided, that that’s not an appropriate interpretation,” Smith said.

Stanton Healthcare, an anti-abortion pregnancy center in Boise, said in a statement it was “deeply troubled” by Winmill’s order and that it would “only serve to promote ‘abortion trafficking.’”

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“This decision flies in the face of the Idaho legislature which built a wall of protection around women and their preborn children through life-affirming legislation which promotes well-being and hope,” the statement said.

Labrador’s office argued it does not have the authority to criminally prosecute providers who refer patients out of state. Further, the state’s attorneys noted, Labrador formally withdrew the letter after the lawsuit was filed, saying its analysis was “void.”

Beth Cahill, communications director for the attorney general’s office, suggested Winmill, who Democratic President Bill Clinton appointed in 1995, was biased.

“In his 28-year career you’d be hard-pressed to find a time when Judge Winmill has ruled against Planned Parenthood, so his decision is not surprising,” Cahill said. “Judge Winmill wants to restrain a power we don’t possess. We strongly disagree with his order.”

Winmill noted in his order that while Labrador had issued a subsequent letter withdrawing his legal opinion, the attorney general has not actually disavowed its reasoning — which could carry heavy weight among the state’s county prosecutors.

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“The Attorney General has strained at every juncture possible to distance himself from his previous statement without committing to a new interpretation or providing any assurances to this Court or the Medical Providers,” Winmill wrote. “Attorney General Labrador’s targeted silence is deafening.”

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Johnson reported from Seattle. Komenda reported from Tacoma, Washington.





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Idaho

Idaho Granted Injunction in Nation’s First Title IX Lawsuit to Protect Women’s Opportunities in Education

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Idaho Granted Injunction in Nation’s First Title IX Lawsuit to Protect Women’s Opportunities in Education


BOISE – A federal judge in the U.S. District Court for the Western District of Louisiana has sided with Attorney General Raúl Labrador and the attorneys general from Louisiana, Montana, and Mississippi, issuing a preliminary injunction against the new Title IX rules pushed by President Biden’s Department of Education. The new rules misinterpret Title IX’s ban on sex discrimination and would now require schools to allow students access to bathrooms and locker rooms inconsistent with their sex. The new rules were scheduled to take effect August 1st.

This preliminary injunction applies to the states of Louisiana, Mississippi, Montana, and Idaho and prevents the new rules from going into effect pending further review by the district court.

“I am grateful for this first-in-the-nation injunction on the Title IX rules, and that Idaho girls and women will be protected,” said Attorney General Labrador.  “The new definition of discrimination that includes gender identity would have a profound impact on the advancements Title IX has made for girls and women in our society. With a single act, the Biden Administration threatened decades of progress and opportunities for females and jeopardized their rights to safety and access within our education system.  This is a tremendous victory, and we are confident we will continue to prevail in court.”

Judge Terry Doughty issued the injunction Thursday, siding with plaintiff states, agreeing that the rules are unlawful.  In his ruling, Judge Doughty confirmed that the plaintiffs are likely to succeed in showing the rules violate Title IX, the First Amendment, and the Spending Clause of the U.S. Constitution.

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These illegal new rules would apply burdensome requirements on nearly every school, college, and university in Idaho and across the nation. This would have deprived women and girls of the equal educational opportunities they struggled for decades to secure, and cost states billions of dollars to implement. The new rules would also violate First Amendment rights for students and teachers and could prompt Idaho school districts to lose Title IX funding, and likely face numerous lawsuits.



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Moon reelected Idaho GOP Chair, party now opposes funding higher education

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Moon reelected Idaho GOP Chair, party now opposes funding higher education



COEUR d’ALENE — Idaho Republican Party Chairwoman Dorothy Moon was reelected to a second two-year term Saturday in Coeur d’Alene, during the final day of the Idaho GOP’s convention.

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“We are not the fringe, folks,” Moon told a crowd of more than 800 people in the Schuler Performing Arts Center on the North Idaho College campus, to thunderous applause.

Moon received 376 votes from delegates who came from across Idaho, defeating former legislator and Coeur d’Alene resident Mary Souza, who captured 228 votes.

In a speech to delegates, Moon described herself as “the real deal,” as well as a hard worker and a person who follows through on her promises.

“We have not moved from where we’ve always stood,” she said. “Some people have. I’m an old horse and I cannot be taught new tricks. I know where I stand, and I think all of you know where you stand. We have been fighting so hard.”

After the election results were announced, Moon called for unity among Idaho Republicans, particularly in “the fight on ranked-choice voting.”

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“We want to keep Idaho red, and I know we will,” she said. “We’re going to save our state, and we’re going to make this a great place to raise our kids.”

Party unity was a common refrain throughout the convention and formed the platform for Souza’s campaign for party chair. She urged Idaho Republicans to focus on their similarities, rather than their differences.

“We have an opportunity now to pull together,” she told delegates in a speech. “We can accept each other for who we are and what we believe.”

In a break with the practice of past conventions, reporters were not permitted to observe any of the committee meetings and were not allowed inside the general session at North Idaho College until Saturday afternoon, shortly before the nominations for party leadership positions.

Delegates approved a change to the Idaho Republican Party platform that may significantly impact how Republican legislators approach funding for higher education in Idaho.

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“We strongly support professional technical and continuing education programs that provide career readiness and college preparation, but we do not support using taxpayer funding for programs beyond high school,” the party platform now reads in part.

NIC Trustee Todd Banducci, who attended the convention as a delegate, stood in support of the change. He declined to answer questions about his vote.

Mike Waggoner, a college trustee who attended the convention as a guest, did not indicate whether he supports the platform change.

“I don’t know exactly how that’s going to affect us,” Waggoner said. “Beyond that, I don’t have a comment.”

NIC’s operating budget for fiscal year 2024 included a $14.9 million allocation from the state general fund, $17.8 million in property tax revenue and $200,000 in state liquor tax allocation. Those revenue sources made up about 61% of NIC’s $53 million budget.

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Coeur d’Alene City Councilman and alternate delegate Dan Gookin didn’t mince words on what he believes the platform change means for Idaho’s higher education institutions, including North Idaho College.

“They just voted to gut higher education,” he said.

Now that opposition for higher education funding is part of the Idaho GOP’s platform, Gookin said, Republican elected officials who vote in favor of such funding risk being punished by county Republican central committees.

The party rules empower central committees to censure Republicans for “substantive violations of party platform,” as well as remove party support and forbid the use of Republican Party identifiers for five years.

Delegates also voted to expand the party’s “Right to Life” article to include assisted suicide, euthanasia and embryo destruction.

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“We oppose all actions which intentionally end an innocent human life, including abortion, the destruction of human embryos, euthanasia and assisted suicide,” the platform now reads in part.

The party also added to the platform a call for “excuse-only absentee ballots.”

    Kootenai County Republican Central Committee Chair Brent Regan stands amid delegates and alternates at the Idaho GOP Convention, held in Schuler Performing Arts Center on the North Idaho College campus.
 
 
    North Idaho College trustee Todd Banducci attended the Idaho GOP Convention as a delegate.
 
 



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Dorothy Moon re-elected as Idaho GOP Chair

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Dorothy Moon re-elected as Idaho GOP Chair


Dorothy Moon was re-elected as Idaho GOP Chair by a vote of 376-228 at the Idaho Republican State Convention on Saturday.

After serving three terms in the Idaho Legislature as State Representative for District 8, Moon was elected to serve as the chairwoman of the Idaho Republican Party in July of 2022.

This year, Moon was being challenged by Mary Souza of Coeur d’Alene, a former member of the Idaho State Senate who announced her campaign a week before the convention.

Mary Souza challenges Idaho Republican Party Chairwoman Dorothy Moon ahead of convention in Coeur d’Alene.

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Idaho Democratic Party Chair Lauren Necochea released the following statement in response to Moon’s re-election: “Today’s re-election of Dorothy Moon further entrenched the extremists who have taken over the Idaho Republican Party. If my grandmother — a Reagan Republican born and raised in Idaho — were alive today, she would not believe what has become of the party. While the Idaho GOP becomes unrecognizable to traditional Republicans, I invite voters of all political stripes to get to know their local Democratic candidates.”

“If you want to stop the school closures and cuts to educational services, your best bet is voting for Idaho Democrats,” Necochea continued. “If you want to protect Launch scholarships, which build our future workforce, your best bet is voting for Idaho Democrats. If you want to protect your local libraries from drowning in frivolous lawsuits, your best bet is voting for Idaho Democrats. And if you want to see our reproductive freedoms restored, you must vote for Idaho Democrats this November.”





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