Divided Ninth Circuit Allows Idaho Abortion Ban Enforcement Pending Appeal

A Ninth Circuit panel ruled 2-1 on Oct. 30, 2026, staying Judge B. Lynn Winmill's injunction so Idaho can enforce its abortion ban pending appeal. Judges Kim Wardlaw and Consuelo Callahan said Idaho is likely to succeed under Dobbs and its interest in limiting abortions outweighs harm to Dr. Stacy Seyb. Idaho allows abortion only to prevent the mother's death, plus first-trimester rape or incest with a police report; doctors face felonies and civil suits with a $20,000 minimum payout. Winmill held in August 2026 the ban unconstitutional without a health exception, later limiting relief to Seyb after Attorney General Raul Labrador appealed. Labrador said Idaho's unwavering protection for unborn children and their mothers will continue as intended. Seyb's lawyer Stephanie Toti called the decision a temporary setback and said access to medically indicated abortion care is deeply rooted in the nation's history and tradition. Judge Marsha Berzon dissented that some women with serious pregnancy complications will be required to continue pregnancies at serious, permanent risk to their health, a risk of irreparable injury, and that Dobbs concerned elective abortions. Blaine Conzatti said pregnant mothers don't have a constitutional right to abortion merely because they threaten to harm themselves and that women in mental health crises need treatment, not abortion. Seyb's 2024 challenge remains on appeal.