© 2026 Boise State Public Radio
NPR in Idaho
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

9th Circuit halts Idaho abortion ruling for now as appeal continues

A gray building with bronze light posts flanking either side of the entrance.
Jeff Chiu
/
AP
FILE - The James R. Browning United States Courthouse building, a courthouse for the 9th U.S. Circuit Court of Appeals, is seen in San Francisco on Jan. 8, 2020.

A federal appeals court has temporarily halted a ruling by a lower court judge, which narrowly expanded who could get an abortion in Idaho.

The 9th Circuit Court of Appeals issued the temporary stay Thursday as it considers the case further.

Idaho District Judge Lynn Winmill’s ruling from August slightly widened the number of exceptions for doctors to perform a legal abortion in the state.

It would’ve included cases when the physical health of the mother were threatened or if she were at high risk of suicide – both of which are not allowed under Idaho’s ban on the procedure.

State law only exempts abortions in reported cases of rape or incest, as well as when the life of the mother is threatened.

Winmill later applied that ruling only to Dr. Stacy Seyb, who filed the lawsuit.

Attorney General Raúl Labrador appealed the decision late last month, saying no constitutional right to an abortion exists and that the U.S. Supreme Court left it up to states to regulate the practice.

The 9th Circuit’s temporary stay will last until a panel of judges rules on Labrador’s motion to halt Winmill’s decision for the length of his appeal.

Virtual oral arguments on that motion are scheduled for Sept. 22 at 3 p.m. Mountain Time.

Copyright 2026 Boise State Public Radio

I cover politics and a bit of everything else for Boise State Public Radio. Outside of public meetings, you can find me fly fishing, making cool things out of leather or watching the Seattle Mariners' latest rebuilding season.

You make stories like this possible.

The biggest portion of Boise State Public Radio's funding comes from readers like you who value fact-based journalism and trustworthy information.

Your donation today helps make our local reporting free for our entire community.