A U.S. appeals court on Friday paused a lower court's ruling that had required Idaho to allow abortions in cases where a physician determines the procedure is necessary to protect a patient's health. The 2-1 decision from the 9th U.S. Circuit Court of Appeals prevents the lower court's injunction from being enforced while the state's appeal of the underlying case continues.
The litigation follows the 2022 U.S. Supreme Court decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and held that the U.S. Constitution does not confer a right to an abortion. Following that decision, Idaho enacted a near-total ban that makes performing an abortion a felony punishable by two to five years in prison. The law currently provides exceptions for the life of the mother, ectopic or molar pregnancies, and reported cases of rape or incest in the first trimester.
In August 2026, U.S. District Court Judge B. Lynn Winmill ruled that the 14th Amendment establishes a narrow right to abortion when a pregnancy threatens a woman’s health, including mental health conditions that raise the risk of self-harm. He blocked enforcement of Idaho's criminal laws to the extent they prohibited such care. However, the 9th Circuit majority stated on Friday that the plaintiff is unlikely to prevail on claims that the Constitution protects a right to a health-saving abortion.
The scale of the impact involves residents of Idaho, where at least a dozen other states have similar bans. For an individual patient, this means that if a doctor identifies a serious but not yet life-threatening health risk—such as severe pregnancy complications or mental health risks leading to potential self-harm—the patient would have to leave the state to access abortion care or continue the pregnancy despite the health risks. The ruling also affects doctors like the plaintiff, Dr. Stacy Seyb, who must now choose between following medical judgment and the risk of criminal prosecution.
This case involves how federal courts interpret the scope of constitutional rights post-Roe. Dissenting Judge Marsha Berzon noted that some women will now be required to continue pregnancies at risk to their health during the appeal. What happens next is a full hearing before the 9th Circuit to decide if Judge Winmill's original ruling should be struck down or reinstated. Additionally, Idaho voters will consider a ballot initiative in November 2026 that, if approved, would overturn the current ban and establish reproductive healthcare protections in state law.