Idaho abortion ban remains in effect following appeals court decision

The court’s decision means Idaho’s law, which severely restricts abortion access, will remain in effect while the state appeals the initial ruling. The appeals court stated that the doctor who brought the lawsuit is unlikely to succeed in arguing that the Constitution protects a right to abortion, particularly when the circumstances are vaguely defined.

This ruling follows the 2022 Supreme Court decision overturning Roe v. Wade, which eliminated the constitutional right to abortion. A federal judge had previously ruled in August that Idaho must allow abortions in certain health-related situations, a decision that was later narrowed to apply only to the plaintiff, Stacey Seyb.

Idaho Attorney General Raul Labrador celebrated the appellate court’s action, stating it would allow the state to “continue protecting unborn children and their mothers as intended.” Stephanie Toti, representing Seyb and the Lawyering Project, characterized the decision as a temporary setback and vowed to continue fighting the ban.

Idaho is among a dozen states that have banned or severely restricted abortion since Roe v. Wade was overturned. The paused injunction would have prevented enforcement of two Idaho laws prohibiting abortion care for patients with serious medical conditions, including mental health issues that could increase the risk of self-harm.

Circuit Judge Marsha Berzon, dissenting from the ruling, warned that some women with serious pregnancy complications may be forced to continue pregnancies at significant health risk during the appeal process. The case is ongoing, with further litigation concerning whether federal emergency-care laws require hospitals to provide abortions in certain situations despite Idaho’s ban.