Idaho seeks emergency stay as judge's therapeutic abortion ruling faces 9th Circuit review

Idaho Attorney General Raul Labrador has petitioned the 9th U.S. Circuit Court of Appeals for an emergency stay to halt a district court injunction that allows therapeutic abortions, a decision made by Judge Lynn Winmill. Labrador asserts that the judge invented a constitutional right to such abortions without support from historical or legal precedent, effectively usurping the authority of Idaho’s legislature and voters.

The state points to a decline in its pregnancy-related mortality ratio, citing figures of 4.29 deaths per 100,000 live births in 2024 compared with higher rates in earlier years. Lawmakers filed a friend-of-the-court brief emphasizing that abortion policy should be set by elected representatives, especially ahead of a November ballot measure on restoring abortion rights. The injunction currently applies only to a single plaintiff, Stacy Seyb, after being narrowed from a broader scope.

Idaho argues the ruling permits doctors to decide on abortions based on vague mental-health criteria, which they claim amounts to abortion on demand. The 9th Circuit will review the stay request, offering the state a chance to reaffirm its legislative authority over abortion regulation.