BOISE, ID – Idaho Attorney General Raúl Labrador and two Idaho county prosecuting attorneys agreed to not prosecute some Idaho doctors for referring patients out of state for abortions, under a new legal agreement published in federal court Thursday.
The settlement concludes a lawsuit that challenged a legal opinion from Idaho’s top legal official that said medical professionals who refer or prescribe abortion pills to pregnant patients across state lines are subject to criminal penalties under Idaho’s strict abortion ban.
Federal judge B. Lynn Winmill closed the lawsuit Thursday following the agreement, which protects a regional Planned Parenthood affiliate organization and two Idaho doctors.
In 2023, Labrador issued a legal opinion upon request from Idaho lawmaker Rep. Brent Crane, R-Nampa, on behalf of anti-abortion clinic Stanton Healthcare. In the opinion, Labrador said abortion pills are included in the state’s strict abortion ban law, States Newsroom reported.
Soon, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, and the two Idaho doctors sued over Labrador’s opinion. Labrador later recalled the opinion.
Idaho is surrounded by several states where abortion is legal, including Washington, Oregon and Montana. Historically, Idaho physicians referred patients to clinics in those states if they need care that is unavailable in Idaho, such as termination for medical reasons related to fetal anomalies or complications that put a pregnant patient’s health at risk.
Labrador: ‘We do not have the authority to prosecute referrals for out-of-state services’
Under the recent agreement, Labrador along with two Idaho local prosecutors — Ada County Prosecuting Attorney Jan Bennetts and Valley County Prosecuting Attorney Brian Naugle — will not enforce Idaho’s abortion ban against the organization and two doctors for out-of-state referrals.
In a statement, Labrador said the agreement “avoids unnecessary litigation and protects Idaho taxpayers from further costs.”
“Idaho’s strong pro-life laws remain fully in effect, and we remain proud to defend the rights of mothers and their unborn children,” Labrador told the Idaho Capital Sun. “This settlement simply affirms what our office already made clear in court: We do not have the authority to prosecute referrals for out-of-state services.”
In December 2024, a federal appeals court panel upheld an injunction by a lower federal court in Idaho that blocked Labrador from prosecuting Idaho medical professionals for out-of-state abortion referrals, the Sun previously reported.
In a statement, the Planned Parenthood affiliate CEO, Rebecca Gibron, said the agreement “brings much-needed clarity, compassion, and relief to both patients and providers.”
“It ensures that health care providers in Idaho can continue doing what they are trained and ethically bound to do — offer accurate information and help patients access the care they need, even if that care is out of state. In a state where abortion is banned, those referrals can be lifesaving,” she said.
Agreement protects referrals out of Idaho for abortion, abortion pills
The agreement blocks enforcing Idaho’s abortion law for “referring a woman across state lines to an abortion provider,” the federal judge wrote.
That includes “informing about, counseling about, recommending, providing a referral for, scheduling an appointment for, informing about sources of funding for, or otherwise advising or assisting an individual in learning about or obtaining, an abortion …”
The ruling also protects that activity for out-of-state “consultation for abortion pills where that abortion will be performed or the out-of-state prescription will be filled outside the borders of Idaho where it is legal to obtain such abortion or prescription for abortion pills.”
The agreement does not have an end date.
This story first appeared on Idaho Capital Sun.
