In a recent decision, the Ninth Circuit Court of Appeals has ruled in favor of Idaho's abortion trafficking laws. The case, Matsumoto v. Labrador, saw Idaho Attorney General Raúl Labrador successfully defend against a lower court injunction. The court found that the law's prohibition on procuring an abortion by harboring and transporting minors with the intent to conceal it from their parents is likely constitutional and can be enforced while litigation continues.
Attorney General Labrador commented on the ruling, stating, "This is a tremendous victory for Idaho and defending the rule of law as written by the people’s representatives. Idaho’s laws were passed specifically to protect the life of the unborn and the life of the mother. Trafficking a minor child for an abortion without parental consent puts both in grave danger, and we will not stop protecting life in Idaho."
The Ninth Circuit panel acknowledged that plaintiffs have proper standing in this case and identified that the language regarding "recruiting" minors for abortion is overly broad. However, they upheld enforcement of provisions related to "harboring and transporting" minors.
The court's opinion noted, “Because Challengers are not likely to succeed on the merits of their remaining claims—the void-for-vagueness and association claims, as well as the other First Amendment claims with respect to the remainder of the statute—we reverse the district court with respect to those claims and remand to the district court to modify the preliminary injunction consistent with this opinion.”