Federal Court Partially Blocks Abortion Travel Ban

03.07.25 – (PRESS RELEASE) Today, a federal court modified its order temporarily blocking Idaho’s first-in-the-nation abortion travel ban, limiting Idaho’s attorney general from prosecuting trusted adults who help young people obtain lawful abortions.

Specifically, the court held that the Attorney General is precluded from enforcing Idaho Code Section 18-623’s recruiting provision for youth who are seeking legal abortion health care.

“We are relieved that the court has blocked part of this radical law and affirmed Idahoans’ rights to speak about essential health care,” said Wendy Heipt, senior reproductive justice counsel at Legal Voice. “Idahoans can still provide a wide range of supports to youth who need help accessing abortion health care.”

The main goal of the abortion travel ban is to prevent minors from accessing abortion health care in other states. It makes it a felony to “recruit, harbor, or transport” a pregnant minor with the intent to conceal the abortion from the minor’s parents or guardian. In other words, a trusted adult could face incarceration for helping youth access legal health care.

The lawsuit against the abortion travel ban was filed by Legal Voice, Stoel Rives, and the Lawyering Project. They represent three plaintiffs who provide support for youth seeking abortion health care: attorney Lourdes Matsumoto, the Indigenous Idaho Alliance (IIA), and the Northwest Abortion Access Fund.

Shortly after the lawsuit was filed in 2023, the Idaho District Court put the abortion travel ban on hold. Since then, the state has appealed the decision three times. In the most recent court ruling, the Ninth Circuit Court of Appeals upheld a block on the “recruiting” part of the law, finding that it violates the First Amendment. As the court noted, “encouragement, counseling, and emotional support are plainly protected speech,” even when that speech happens in the “context of deciding whether to have an abortion.”

Today, the District Court defined what actions are protected under the “recruiting” portion of the abortion travel ban. Among other activities, it explicitly holds that organizations that support abortion, including abortions for minors; providing assistance, including financial assistance to minors; providing encouragement to minors seeking to obtain an abortion or abortion-inducing medication and; campaigns relating to the legal right to abortions, including for minors, are protected from prosecution by the state Attorney General.

“Ensuring that youth have access to support from responsible, non-parental adults is critical to safeguarding their well-being,” said Lourdes Matsumoto, a plaintiff in the case. “This support system is not a replacement for parental involvement — it’s a vital complement.”

Now that the District Court has clarified the parts of the law that are on hold, the case will proceed to trial.

###