On October 30, 2026, the 9th U.S. Circuit Court of Appeals issued a 2-1 decision pausing a lower court ruling that blocked enforcement of Idaho's near-total abortion ban. The order halts protections allowing Dr. Stacey Seyb to perform health-saving abortions while the state appeals. Idaho Attorney General Raul Labrador applauded the ruling, while legal representatives for the plaintiff criticized the decision as a temporary setback for medically indicated care.
9Th Circuit stay of lower court injunction
- ▪The 9th U.S. Circuit Court of Appeals issued a 2-1 decision staying a lower court injunction that had blocked Idaho's near-total abortion ban
- ▪The paused August 2026 injunction had blocked enforcement of two Idaho laws that prohibited abortion care for severe medical conditions, including mental health conditions.
- ▪The 9th Circuit ruling pauses a lower court injunction that allowed Dr. Stacey Seyb to perform abortions to protect a pregnant patient's health.
9Th Circuit majority and concurring opinions
- ▪The 9th Circuit majority determined that Dr. Stacey Seyb is unlikely to prevail on claims that the U.S. Constitution protects a health-saving abortion right.
- ▪The 9th Circuit majority concluded that Idaho Attorney General Raul Labrador and Prosecuting Attorney Jan Bennetts showed a strong likelihood of success on appeal.
- ▪9th Circuit Judge Kim Wardlaw joined Circuit Judge Consuelo Callahan in issuing the unsigned majority decision.
- ▪9th Circuit Judge Kim Wardlaw wrote in a concurring opinion that no U.S. constitutional right to an abortion exists in any specific circumstance.
Dissent by Judge Marsha Berzon
- ▪Circuit Judge Marsha Berzon dissented, warning that pregnant women with serious medical complications will face permanent health risks during the appeal.
- ▪Circuit Judge Marsha Berzon stated in her dissent that the 2022 Supreme Court ruling overturning Roe v. Wade dealt explicitly only with elective abortions.
Reactions to the 9th Circuit ruling
- ▪Stephanie Toti, an attorney for Dr. Stacey Seyb, stated that the 9th Circuit decision was a temporary setback in defending abortion care access.
- ▪Idaho Attorney General Raul Labrador praised the October 30, 2026 9th Circuit decision, stating that Idaho's protection for unborn children will continue.
Supreme Court abortion rulings
- ▪In 2024, the U.S. Supreme Court allowed emergency abortions in Idaho to resume under federal emergency-care litigation before the lawsuit was dropped in 2025.
- ▪In 2022, the U.S. Supreme Court overturned Roe v. Wade, declaring that there is no constitutional right to an abortion.
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