A federal appellate court Thursday halted a judge’s attempt to override the Supreme Court’s Dobbs decision. The move keeps Idaho’s abortion law in force.
9th Circuit Stops Judge’s Abortion Ruling, Preserves Idaho Law
The 9th Circuit Court of Appeals issued a temporary stay on Thursday, pausing a August ruling by Senior District Judge B. Lynn Winmill. Winmill had expanded the state’s life‑threatening exception to include mental health.
The decision came after the doctor who filed the suit appealed, and Idaho Attorney General Raúl Labrador seized the opportunity to challenge it.
Labrador, backed by the Alliance Defending Freedom, filed an emergency motion asking the 9th Circuit to pause the injunction. He argued that the ruling defied Dobbs and blocked Idaho from enforcing its democratically enacted law.
The filing quoted Dobbs, saying the Supreme Court “allows states to regulate or prohibit abortion” and warned that the district court had “arrogated the people’s power.” It warned that the injunction threatens the democratic process.
The appellate court said the stay is pending briefing and oral argument on the emergency motions, and it did not signal its view on the merits. The court will consider the motions after the parties submit their briefs.
The court set a deadline of September 4 for the state to respond. It gave the plaintiff until September 8 to reply and scheduled a video‑conference hearing for September 22, with each side allotted 30 minutes.
Labrador said the stay lets doctors continue making good‑faith judgments allowed by Idaho law and protects unborn children and their mothers. He emphasized that the Supreme Court left the decision to the people of Idaho and their elected representatives.
The decision comes weeks before Idaho voters consider Proposition 1, a ballot measure that would enshrine a right to reproductive freedom and privacy, effectively nullifying the current pro‑life statute. A ‘yes’ vote would embed the right into state statute.
Supporters of the initiative have raised nearly $2.8 million, while opponents have raised $1.6 million, according to an August 24 report. The funding gap underscores the high stakes of the upcoming vote.
