Appeals court reinstates Idaho abortion law pending appeal, overruling lower court
District judge had blocked the law, claiming US Constitution protects a right to "therapeutic" abortion, including to prevent a pregnant woman from self-harm.
Illustrative image of a judge
The 9th US Circuit Court of Appeals on Thursday reinstated Idaho's near-total abortion ban, pending briefing and oral argument on the Gem State's emergency motion for a stay of a lower court's injunction against the law.
The two-page order specifies that the "temporary stay does not reflect the Court’s views" on Idaho's motion. All briefing is due by Sept. 15, and the court will hold a hearing Sept. 22.
State Attorney General Raul Labrador celebrated the ruling, saying it "means unborn children and their mothers in our state are protected under Idaho law and doctors can continue making the good-faith judgments the law has always allowed" as the appeal proceeds.
US District Judge Lynn Winmill had claimed the US Constitution protects a right to "therapeutic" abortion, including to prevent a pregnant woman from self-harm, despite the Supreme Court's 2022 Dobbs precedent overturning federal abortion rights and returning regulation to the states.
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