UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PLANNED PARENTHOOD GREAT No. 23-35518 NORTHWEST, HAWAII, ALASKA, INDIANA, KENTUCKY, On Behalf D.C. No. of Itself, Its Staff, Physicians and 1:23-cv-00142- Patients; CAITLIN GUSTAFSON, On BLW Behalf of Herself and Her Patients; DARIN WEYHRICH, On Behalf of Himself and His Patients, OPINION

Plaintiffs-Appellees,

v. RAUL R. LABRADOR, In His Official Capacity as Attorney General of the State of Idaho,

Defendant-Appellant, and MEMBERS OF THE IDAHO STATE BOARD OF MEDICINE; IDAHO STATE BOARD OF NURSING, In Their Official Capacities; COUNTY PROSECUTING ATTORNEYS, In Their Official Capacities; CODY BROWER, Oneida County Prosecutor; 2 PLANNED PARENTHOOD V. LABRADOR

STEVE STEPHENS, Butte County Prosecutor; JAN BENNETTS, Ada County Prosecutor; CHRIS BOYD, Adams County Prosecutor; ALEX GROSS, Boise County Prosecutor; ANDRAKAY PLUID, Boundary County Prosecutor; JIM THOMAS, Camas County Prosecutor; MCCORD LARSEN, Cassia County Prosecutor; E. CLAYNE TYLER, Clearwater County Prosecutor; TREVOR MISSELDINE, Gooding County Prosecutor; MARK TAYLOR, Jefferson County Prosecutor; ROB WOOD, Madison County Prosecutor; LANCE STEVENSON, Minidoka County Prosecutor; BENJAMIN ALLEN, Shoshone County Prosecutor; GRANT LOEBS, Twin Falls County Prosecutor; BRIAN NAUGLE, Valley County Prosecutor; LOUIS E. MARSHALL, Bonner County; RICHARD TALBOT ROATS; ADAM STRONG; BRYAN TAYLOR; ADAM MCKENZIE, Bear Lake County Prosecutor; S. DOUG WOOD, Caribou County Prosecutor; JUSTIN COLEMAN, Nez Perce County Prosecutor; PAUL WITHERS; JASON MACKRILL, Power County Prosecutor; JUSTIN OLESON; MARIAH DUNHAM, Benewah County Prosecutor; PAUL ROGERS, PLANNED PARENTHOOD V. LABRADOR 3

Bingham County Prosecutor; SHONDI LOTT, Elmore County Prosecutor; LINDSEY BLAKE, Fremont County Prosecutor; BRAD CALBO, Jerome County Prosecutor; STANLEY MORTENSEN, Kootenai County Prosecutor; BILL THOMPSON, Latah County Prosecutor; BRUCE WITHERS, Lemhi County Prosecutors; ZACHARY PALL, Lewis County; CHRISTOPHER TOPMILLER, Owyhee County Prosecutor; MIKE DUKE, Payette County Prosecutor; DELTON WALKER, Washington County Prosecutor; STEPHEN F. HERZOG, Bannock County Prosecutor; RANDY NEAL, Bonneville County Prosecutor; KIRK ANGUS MACGREGOR, Idaho County Prosecutor; JANNA BIRCH, Clark County Prosecuting Attorney; MATT FREDBACK, Blaine County Prosecutor; VIC PEARSON, Franklin County Prosecutor; ERICK THOMSON, Gem County Prosecutor; BAILEY SMITH, Teton Valley Prosecutor,

Defendants.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding 4 PLANNED PARENTHOOD V. LABRADOR

Argued and Submitted March 27, 2024 Seattle, Washington

Filed December 4, 2024

Before: Kim McLane Wardlaw, William A. Fletcher, and Eric D. Miller, Circuit Judges.

Opinion by Judge W. Fletcher; Partial Concurrence by Judge Miller

SUMMARY *

First Amendment/Abortion

The panel affirmed the district court’s order preliminarily enjoining on First Amendment grounds the Idaho Attorney General from enforcing his interpretation of a provision of Idaho’s criminal abortion statute, Idaho Code § 18-622(1), as prohibiting medical providers from referring a patient across state lines to an abortion provider. Idaho Code § 18-622 criminalizes performing or attempting to perform an abortion as a felony punishable by two to five years in prison. Subparagraph 1 of § 18-622 imposes professional licensing penalties on any health care professional who “assists in performing or attempting to perform an abortion.” Idaho Code § 18-622(1). In their lawsuit, Planned Parenthood and two physicians allege that * This summa