A federal appeals court paused an Idaho ruling requiring health exceptions to abortion ban
The 9th U.S. Circuit Court of Appeals on Friday paused a federal judge’s order barring Idaho from enforcing its abortion ban against doctor and plaintiff Stacey Seyb. In a 2-1 decision, the court said Seyb was unlikely to prevail on claims that the Constitution protects a right to abortion to safeguard a patient’s health, pending Idaho’s appeal.
More context
A federal appeals court on Friday paused an Idaho ruling that required exceptions to the state’s near-total abortion ban when a doctor deemed abortion necessary to protect a patient’s health. The 9th U.S. Circuit Court of Appeals, in a 2-1 decision, said Stacey Seyb, the doctor, was unlikely to prevail on her claim that the Constitution protects a right to a health-saving abortion. The pause remains in place while Idaho appeals.
U.S. District Judge Lynn Winmill issued the ruling in August and later narrowed it to bar enforcement only against Seyb. Circuit Judges Kim Wardlaw and Consuelo Callahan formed the majority; Wardlaw wrote in a concurrence that the court was bound by the Supreme Court’s 2022 Dobbs decision. Dissenting Circuit Judge Marsha Berzon warned some women could face serious, permanent health risks. Idaho Attorney General Raul Labrador applauded the decision.
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Verifier’s note
The Hill and WTVB, carrying Reuters’ report, both report that the Ninth Circuit paused the Idaho health-exception ruling. The decision was issued Friday, October 30, within about 24 hours of the current time.