The National Right to Life Committee (NRLC) and Right to Life of Idaho (RLI) have objected to pro-abortion activists’ demands that they disclose internal communications as part of legal proceedings in a lawsuit over Idaho’s abortion trafficking law.
Lawyers for the Northwest Abortion Access Fund, Indigenous Idaho Alliance, and Lourdes Matsumoto issued two subpoenas to the pro-life groups Sept. 12, requesting documents related to two bills that control abortion trafficking. The subpoenas were issued as part of an ongoing lawsuit, Matsumoto et al. v Labrador, in which the pro-abortion plaintiffs claim that the ban on travel outside Idaho to obtain an abortion violates the First Amendment and the right to travel.
According to a news release, NRLC and RLI formally objected to the subpoenas Oct. 2, saying that the demands for internal records violate their rights of association and expression, guaranteed by the First Amendment. They also said that the documents are irrelevant to the case and argued that the demands are overbroad and impose an undue burden; the plaintiffs seek “all documents” related to the two bills or “abortion trafficking legislation” between 2021 and the present.
“Compelling disclosure of our advocacy communications would have a chilling effect on the ability of NRLC and our affiliates to freely associate, strategize, and advocate for the most vulnerable members of our society,” Carol Tobias, NRLC president, stated in the release. “The Constitution protects organizations like ours from being forced to hand over internal documents to political opponents.”
James Bopp, Jr., general counsel for NRLC, stated in the release that according to the law, groups like NRLC and RLI “cannot be compelled to turn over their strategy sessions and internal communications simply because their opponents wish to gain an advantage in court.”
He added, “The subpoenas go far beyond what is permissible and strike at the heart of constitutionally protected activity.”
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