A federal appeals court panel heard oral arguments Tuesday regarding the scope of exemptions allowed under Idaho’s strict abortion restrictions. The U.S. Court of Appeals for the Ninth Circuit is deciding whether to uphold a lower court ruling that expanded protections for physicians or enforce the state law as written.
Judges Kim McLane Wardlaw, Marsha Berzon, and Consuelo Callahan presided over the virtual hearing. The case centers on a conflict between Idaho’s statutory limits and a previous order by U.S. District Judge B. Lynn Winmill. Judge Winmill had initially blocked enforcement of the ban where a mother’s health faced serious risk or life was at risk due to self-harm, though he later narrowed that protection to apply only to Dr. Stacy Seyb.
Attorney General Raúl Labrador appealed the district court’s order, prompting the Ninth Circuit to place a hold on Winmill’s ruling and reinstate the state law. Attorneys for Dr. Seyb argued during the hearing that Judge Winmill’s earlier, broader ruling should be reinstated.
Mathew Hoffmann, representing the state through Alliance Defending Freedom, contended that expanding exemptions for serious health risks lacks historical precedent. He emphasized that the current statute places significant discretion in medical professionals.
“They leave it up to the subjective judgment of doctors to determine a risk sufficient to justify abortion,” Hoffmann said.
Idaho law currently prohibits most abortions except to prevent the mother’s death or in cases of rape and incest during the first trimester, provided a police report is filed. Physicians who perform procedures outside these narrow exemptions face felony charges and civil lawsuits carrying minimum penalties of $20,000.
The judges questioned whether the 2022 Supreme Court decision in Dobbs permits federal courts to expand state abortion exemptions beyond what legislatures have enacted. Judge Callahan specifically challenged the strength of arguments regarding self-harm risks.
“We have a right to life, but you don’t have a right to kill yourself, right?” Judge Callahan asked.
Stephanie Toti, representing plaintiffs, argued that the Idaho ban violates rights to life and health by limiting exemptions too narrowly. Attorney General Labrador has not issued specific guidelines for doctors regarding the enforcement of the law.
The legal dispute unfolds as Idaho voters prepare to decide on Proposition 1 in the Nov. 3 general election. The ballot initiative would repeal the state’s abortion bans if passed, with changes taking effect in January.