US court lifts ruling requiring Idaho to allow some abortions to protect women's health
The 2-1 ruling keeps enforcement blocked while Idaho’s appeal continues, after judges said the doctor is unlikely to win a constitutional claim.
- On Friday, the 9th US Circuit Court of Appeals ruled 2-1 to maintain a stay on a lower court's order, allowing Idaho to enforce its Defense of Life Act while the state's appeal proceeds.
- Challenging the state's Defense of Life Act, Dr. Stacy Seyb of the St. Luke's Health System filed a lawsuit arguing the U.S. Constitution protects abortions when medically necessary to protect maternal health.
- Circuit Judge Kim Wardlaw and Circuit Judge Consuelo Callahan wrote that Seyb is "unlikely to prevail," while Circuit Judge Marsha Berzon dissented, warning that "some women with serious pregnancy complications will...be required to continue their pregnancies at serious, permanent risk to their health."
- Idaho Attorney General Raul Labrador applauded the ruling in a statement, asserting that "Idaho's unwavering protection for unborn children and their mothers will continue as intended" while the legal battle remains ongoing.
- Stephanie Toti of the Lawyering Project called the decision a temporary setback, stating her team will demonstrate that "access to medically indicated abortion care is deeply rooted in our nation's history and tradition.
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9 Articles
Federal appeals court upholds Idaho’s penalties amid legal challenge to state’s abortion ban
A federal appeals court panel ruled on Friday that Idaho’s abortion ban may continue to be fully enforced, including against a Boise doctor who challenged the ban’s lack of health exemption. A U.S. Court of Appeals for the Ninth Circuit panel ruled 2-1 to continue to block a lower court’s decision that would have prevented […]
Appeals Court Rules Idaho Can Enforce Abortion Ban, Save Babies
A divided federal appeals court ruled Friday that Idaho can fully enforce its near-total abortion ban. The ruled paused a lower-court order that had allowed one abortionist to kill babies in additional health-related circumstances and restoring the state’s ability to protect unborn children. In a 2-1 decision, the 9th U.S. Circuit Court of Appeals stayed […]
Federal appeals court rules Idaho can enforce pro-life laws while appeals process plays out
Idaho officials "have made a strong showing of likely success on the merits," 9th Circuit rules. Plaintiff likely can't "square the district court’s perspective on the history and tradition concerning abortions with the Supreme Court’s perspective in Dobbs."
Appeals court lifts ruling requiring Idaho to allow some abortions to protect women's health
A US appeals court on Friday paused a judge's ruling that said Idaho's near-total ban on abortion is unconstitutional because it does not provide exceptions for when pregnancies pose risks to women's health.
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