In Planned Parenthood Greater Northwest v. Labrador, (D ID, July 31, 2023), an Idaho federal district court granted a preliminary injunction barring the state attorney general from enforcing an interpretation of a law barring healthcare professionals from assisting in performing an abortion that would cover professionals who merely provide information about or refer patients for legal out-of-state abortions. The court said in part:
... [T]he Medical Providers allege that the Crane Letter interpretation violates the First Amendment, the dormant commerce clause, and the due process clause. The Medical Providers claim they are “overwhelmingly” likely to succeed on the merits of all three claims.... Interestingly, the State did not engage this argument in any way, relying instead entirely on its jurisdictional challenges.... As discussed below, the Court finds that the Medical Providers are likely to succeed on their First Amendment cause of action.
In particular, the Medical Providers contend that the Crane Letter interpretation violates the First Amendment because it impermissibly regulates speech based on content and viewpoint.... because health care providers are silenced on a single topic—abortion—and is viewpoint discretionary because health care providers can provide information and referrals about out-of-state resources like anti-abortion counseling centers or prenatal care....
... Because the State has not opposed the First Amendment claim, and because the Court finds the Medical Providers’ argument persuasive, the Court finds that the Medical Providers have shown that they are likely to succeed on the merits of their First Amendment challenge.
Reuters reports on the decision. [Thanks to Thomas Rutledge for the lead.]
