Free Speech

Eugene Volokh | 12.4.2024 6:15 PM

Planned Parenthood Great Nw. v. Labrador, decided today by Judge William Fletcher, joined by Judges Kim McLane Wardlaw, blocks Idaho—which generally bans abortions—from punishing doctors who "'refer[]' a patient 'across state lines to an abortion provider'" (presumably for an abortion that is legal in the other state):

Despite ample opportunity to do so, the [Idaho] Attorney General has not contested in our court the merits of the preliminary injunction. On appeal, he has relied only on [certain] jurisdictional challenges [see the full opinion for more on those challenges -EV] …. We take the failure to object on the merits to the district court's preliminary........

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