Federal judge’s order allowing an Idaho doctor to perform certain abortions is put on hold

A panel of judges has placed on hold a federal court order protecting an Idaho fetal medicine doctor from prosecution for abortions performed in specific circumstances. 

The order means Idaho’s abortion laws are fully in effect, with only exemptions to protect the life of the mother, or in cases of rape and incest in the first trimester if a police report has been filed. Doctors who perform abortions outside of those exemptions face felony penalties and revocation or suspension of their medical license. 

Idaho federal judge narrows abortion ruling to only protect Boise doctor who filed lawsuit

The Ninth Circuit Court of Appeals panel on Thursday blocked a ruling that would’ve carved out new exemptions in Idaho’s strict abortion ban for the doctor challenging the law.

The order will be in place until Ninth Circuit judges are scheduled to hear arguments on Sept. 22. 

Previously, U.S. District of Idaho Court Judge B. Lynn Winmill wrote in an 81-page decision on Aug. 13 that abortions could be performed in cases where the mother faced serious health risks or risk of self-harm, the Idaho Capital Sun previously reported.  

However, after Idaho Attorney General Raúl Labrador appealed the ruling, Winmill narrowed the decision to only protect the doctor who filed the lawsuit challenging Idaho’s abortion ban, Dr. Stacy Seyb. 

Seyb, represented by attorneys from the Lawyering Project and Legal Voice, challenged the constitutionality of Idaho abortion ban’s limited exceptions 

“The Constitution protects pregnant people’s access to life- and health-preserving abortion care,” Lawyering Project Executive Director Stephanie Toti said in an email to the Sun  “We are hopeful that the court of appeals will allow that care to resume after it hears oral argument later this month.”

Idaho Family Policy Center attorneys file brief in support of law on half of Idaho lawmakers 

Attorneys with the Idaho Family Policy Center, a conservative Christian lobbying group, filed a brief in support of Idaho’s abortion ban on behalf of 54 Idaho state legislators. Idaho Family Policy Center Legal Director Caleb Pirc wrote that Winmill’s decision went beyond his authority. 

“The district court improperly made policy for the people of Idaho,” Pirc wrote. “It may have thought its  policy was better than the Legislature’s, but that was not its judgment to make.” 

The brief says that the authority to create abortion policy rests solely with the Legislature. 

The lawmakers represented by the brief include 37 House representatives and 17 senators, all Republicans, including leaders from both chambers.