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AG Ferguson files brief challenging Idaho’s abortion travel ban

Aug 1, 2023, 11:47 AM

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Washington state Attorney General Bob Ferguson at a press conference in 2017 (Photo by Karen Ducey/Getty Images)

(Photo by Karen Ducey/Getty Images)

Washington Attorney General Bob Ferguson is leading a coalition of 20 attorneys general to file legal arguments in a lawsuit challenging Idaho鈥檚 travel ban making it a crime for adults to help minors travel out-of-state for abortion care.

The lawsuit filed by two advocacy groups and an attorney who works with sexual assault victims is suing the state of Idaho, claiming that the state violates their First Amendment right to discuss abortion with minors and their Fourth Amendment right to travel freely between states.

Doctors performing gender-affirming treatment, abortions on minors protected in WA

Ferguson filed an amicus brief, a document submitted to the court by a party not involved in the case offering information, expertise, or insight, arguing that the “travel ban” is unconstitutional. The Constitution provides some protections to citizens for the freedom of movement between states under the Privileges and Immunities Clause.

鈥淭he Constitution protects the individual right to travel between states, and Idaho鈥檚 radical Legislature cannot abolish that right,鈥 Ferguson said. 鈥淲ashington is standing up for the Constitution and reproductive freedom to support this challenge to Idaho鈥檚 unconstitutional abortion travel ban.鈥

This brief comes as the number of patients traveling into Washington from Idaho for abortions has risen drastically. According to Planned Parenthood of Greater Washington and North Idaho, the number of abortion patients traveling from neighboring Idaho has risen by 56%.

Dr. Mollie Nisen, a Washington State family physician and abortion provider, said that these patients are making long trips for a relatively simple procedure.

“People coming from as far as a seven-hour plane ride to get聽a five-minute procedure is what we鈥檙e looking at right now,” Nisen said.

Most of the clinics that have seen an increase are located in eastern and central Washington. One Planned Parenthood clinic in Sunnyside saw just one abortion patient between January and May of 2022. In that same period of 2023, they had 23.

鈥淲ashington vigorously supports those challenging Idaho鈥檚 patently cruel and unconstitutional law restricting travel for abortions,鈥 Gov. Jay Inslee said. 鈥淭his law places Idahoan youth in grave danger and unlawfully infringes on every person鈥檚 First Amendment rights to free speech and to travel freely between states鈥 borders. As I said in my April 4 letter to Gov. Little when he signed this repugnant law, we will continue to harbor and comfort all Idahoans who seek health care services that are denied to them in Idaho.鈥

Inslee also claims that Idaho鈥檚 law also harms the ability of states like Washington to provide timely medical care. In a letter to Idaho鈥檚 governor in April, Gov. Inslee warned that Idaho鈥檚 law would likely result in an 鈥渋ncreased mortality rate of Idahoan women and girls.鈥

Washington attorney general joins coalition challenging Idaho鈥檚 near-total abortion ban

Ferguson has previously joined a coalition of 21 attorneys general in in support of the U.S. Department of Justice鈥檚 lawsuit challenging Idaho鈥檚 new abortion law in August of last year.

Ferguson鈥檚 office hopes the brief will help convince the Idaho judge to temporarily suspend the law through an injunction.

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AG Ferguson files brief challenging Idaho’s abortion travel ban