A Judge Expanded Abortion Access in Idaho Last Month. Another Court Paused His Decision
The stay restores full enforcement of Idaho’s abortion ban while the 9th Circuit prepares to hear arguments on Sept. 22.
- On Thursday, the Ninth Circuit Court of Appeals ordered a stay of an injunction that would have prevented Idaho from enforcing its abortion ban, leaving the state's strict law fully in effect pending further proceedings.
- Previously, U.S. District Judge B. Lynn Winmill issued an injunction in August protecting Boise maternal-fetal medicine specialist Dr. Stacy Seyb, allowing abortions when pregnancy threatened a woman's physical health or life.
- Idaho Attorney General Labrador appealed the ruling, while the Idaho Family Policy Center filed a brief on behalf of 54 Republican legislators—37 House members and 17 senators—arguing abortion policy authority rests solely with the Legislature.
- With the stay in place, Idaho's abortion laws are now fully enforced; doctors performing abortions outside narrow exemptions for the mother's life, rape, or incest face felony penalties and potential loss of their medical license.
- The Ninth Circuit is scheduled to hear oral arguments on Sept. 22. Lawyering Project Executive Director Stephanie Toti stated, "The Constitution protects pregnant people's access to life- and health-preserving abortion care," expressing hope the injunction will resume.
12 Articles
12 Articles
9th Circuit Shoots Down Rogue Judge’s Bid To ‘Defy’ Dobbs Decision
A federal appellate court shot down on Thursday a rogue judge’s bid to “defy” the U.S. Supreme Court’s Dobbs decision permitting lawmakers to regulate abortion policy. In a newly released order, the 9th Circuit Court of Appeals temporarily paused an August ruling by Idaho-based Senior District Judge B. Lynn Winmill. The Clinton appointee seemingly infringed […]
Federal judge’s order allowing an Idaho doctor to perform certain abortions is put on hold
A panel of judges has placed on hold a federal court order protecting an Idaho fetal medicine doctor from prosecution for abortions performed in specific circumstances. The order means Idaho’s abortion laws are fully in effect, with only exemptions to protect the life of the mother, or in cases of rape and incest in the […]
Idaho court ruling expanding abortion access put on hold by higher court
BOISE — Litigation of Idaho’s abortion law continues after a 9th U.S. Circuit Court of Appeals filing on Thursday paused an Idaho federal court ruling on the constitutionality of Idaho’s abortion ban.
Appeals Court Rules Idaho Can Enforce Abortion Ban to Protect Babies
The 9th U.S. Circuit Court of Appeals on Thursday issued a temporary stay allowing Idaho to enforce its ban on most abortions while the state appeals a lower-court order from a liberal judge who tried to create a right to abortion. The appeals court ruling is a decision Attorney General Raúl Labrador said means unborn […]
A judge expanded abortion access in Idaho last month. Another court paused his decision
Idaho Attorney General Raúl Labrador said the ruling “means unborn children and their mothers in our state are protected under Idaho law.”
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