Idaho Attorney General Appeals District Court Ruling on Emergency Abortion Access

Idaho District Court Judge B. Lynn Winmill issued a decision that blocks enforcement of the state’s abortion bans when a pregnancy threatens a woman’s physical health or could lead to death from self-harm, while allowing the bans to remain for fatal fetal anomalies. The ruling was brought by Boise maternal-fetal medicine specialist Stacy Seyb, who argued that the bans impede care for high-risk patients. Within days, the Idaho Attorney General’s Office, led by Raúl Labrador, filed a notice of appeal to the Ninth Circuit Court of Appeals and sought an emergency stay to pause the ruling.

Idaho Statesman

Idaho’s abortion restrictions were enacted after the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned the federal right to abortion established by Roe v. Wade. The state’s laws prohibit most abortions, including in many health-related circumstances. The district court’s ruling introduced a “novel constitutional right to abortion” in two respects, prompting the Attorney General’s office to argue that the decision exceeds judicial authority and conflicts with Dobbs.

Idaho Statesman

The AG’s office also filed an emergency motion asking the U.S. District Court for the District of Idaho to stay the ruling while the appeal proceeds. Labrador’s office noted that the appeal brief is due in November, with the opposing brief scheduled for the following month.

Idaho Statesman

• “Dobbs made clear that abortion policy belongs to the people and their elected state representatives, not the judiciary,” — General Raúl Labrador, idaho attorney

Idaho Statesman

• “The Attorney General’s utter disregard for the health and welfare of pregnant Idaho residents is appalling,” — Stephanie Toti, executive director of the Lawyering Project

Idaho Statesman