Matsumoto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LOURDES No. 23-3787

MATSUMOTO; NORTHWEST

D.C. No.

ABORTION ACCESS

1:23-cv-00323-DKG

FUND; INDIGENOUS IDAHO

ALLIANCE,

OPINION

Plaintiffs - Appellees,

v.

RAUL LABRADOR, in his capacity as the Attorney General for the State of Idaho,

Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Debora K. Grasham, Magistrate Judge, Presiding

Argued and Submitted May 7, 2024 Seattle, Washington

Filed December 2, 2024

Before: M. Margaret McKeown, Carlos T. Bea, and John B. Owens, Circuit Judges. Opinion by Judge McKeown; Partial Concurrence and Partial Dissent by Judge Bea

SUMMARY *

First Amendment/Abortion

The panel affirmed in part and reversed in part the district court’s order preliminarily enjoining Idaho’s abortion trafficking statute, Idaho Code § 18-623, and remanded for further proceedings. Section 18-623 defines the crime of “abortion trafficking” as procuring an abortion or obtaining an abortion-inducing drug for an unemancipated minor by “recruiting, harboring, or transporting” a pregnant minor with the…