Judge mulls injunction against prosecuting Idaho doctors for abortion referrals
Judge mulls injunction against prosecuting Idaho doctors for abortion referrals
A federal judge in Idaho signaled Monday he is leaning toward issuing an order aimed at blocking the use of that states strict abortion ban to prosecute doctors who refer patients to other states to terminate a pregnancy.
During a hour-long hearing, U.S. District Court Judge B. Lynn Winmill did not rule on the request from two Idaho doctors and several Planned Parenthood organizations who said their First Amendment rights were in danger as a result of a letter Idaho Attorney General Raul Labrador issued last month indicating that out-of-state referrals would violate the law.
It would seem, at first blush, to create a genuine fear among physicians that they may lose their licensure and face criminal prosecution, Winmill said.
A deputy to Labrador, Lincoln Wilson, repeatedly noted that Labrador has formally withdrawn the opinion, issued last month to a state representative at his request.
The attorney general has withdrawn that letter, Wilson said. That is not an opinion that is being enforced.
Wilson also argued that prosecution authority in Idaho rests with county prosecuting attorneys, not the attorney generals office.