Federal appeals court rules Idaho can enforce pro-life laws while appeals process plays out

The 9th U.S. Circuit Court of Appeals issued a stay Friday that allowed Idaho to continue enforcing its pro-life laws while the appeal process regarding the state laws play out. 

Idaho GOP Attorney General Raúl Labrador asked the court to allow the state to continue its pro-life laws after an Idaho district court became the first in the nation to “find” a new federal constitutional right to abortion after the Supreme Court struck down Roe v. Wade in 2022, according to the Alliance Defending Freedom, which is defending the laws alongside the state.

"Defendants have made a strong showing of likely success on the merits," the three-judge panel said. "We
think it unlikely that [plaintiff] Dr. Seyb will be able to square the district court’s perspective on the history and tradition concerning abortions with the Supreme Court’s perspective in Dobbs," which overturned federal abortion rights..

“I am thrilled," Labrador said in a statement. “Idaho’s law will remain in full effect during the appeal process.  Idaho’s unwavering protection for unborn children and their mothers will continue as intended.”

The ruling comes after the district court determined that doctors could use their personal judgment to decide what maternal mental and physical health risks justify an abortion, including the risk of a C-section.

The appeals court ruled that the lower court's decision undermines the state laws' intention to protect unborn babies.

“States have the strongest possible interest in protecting the most fundamental of our human rights—the right to life,” ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch said. “Nothing in the federal Constitution grants a right to take innocent, unborn life. 

"We’re pleased the court respected Idahoans’ desire to protect life, which Attorney General Labrador has fought so courageously to defend," he added.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.