RELEASE: Ninth Circuit Panel Allows Idaho Prolife Laws to Remain in Effect

FOR IMMEDIATE RELEASE
October 30, 2026

SAN FRANCISCO, CA – A Ninth Circuit Court of Appeals panel today issued a stay of the injunction from District Court Judge Lynn Winmill in the Seyb v. Labrador case challenging Idaho pro-life laws. The decision ensures that the pro-life laws — including both the Heartbeat law and the Defense of Life Act — continue to remain fully in effect.

The Heartbeat law, which was researched, drafted, and championed by Idaho Family Policy Center, provides civil liability for elective abortions performed once a preborn baby’s heartbeat can be detected, which usually occurs about 18 days after fertilization. The Defense of Life Act provides criminal liability for elective abortions performed once a pregnancy can be clinically diagnosed, which is usually about 10 days after fertilization.

In their decision, the Ninth Circuit panel recognized that Idaho has a “profound interest in preserving fetal life” through its pro-life laws and further noted that the U.S. Supreme Court held in Dobbs that the Constitution “does not confer a right to abortion.”

Even Judge Kim McLane Wardlaw, a Clinton appointee, recognized in her concurrence that the Idaho pro-life laws are not “an outlier” when compared to laws throughout Idaho and American history. She also noted that Idaho laws provide clear “exceptions for abortions necessary to prevent the death of the pregnant woman” and “in cases involving rape or incest,” and allow “medical personnel to provide abortions in medical emergencies.”

Federal district court Judge Lynn Winmill issued a ruling on August 13, 2026, blocking enforcement of Idaho pro-life laws in cases where a mother threatened self-harm. The scope of the initial ruling was later limited by Judge Winmill before being stayed by the Ninth Circuit to allow both sides the opportunity to provide more briefing and oral arguments.

The IFPC Legal Center filed an amicus brief at the Ninth Circuit supporting the pro-life laws on behalf of more than 50 state legislators, including almost all of House and Senate Republican leadership. The brief explained why Judge Winmill shouldn’t be allowed to legislate from the bench by unilaterally rewriting Idaho pro-life laws and argued that state policymakers – not unelected federal judges – should have the final say on state abortion restrictions.

A statement from Blaine Conzatti, president of Idaho Family Policy Center:

We’ve said from the beginning that the lower court decision would be reversed on appeal. Pregnant mothers don’t have a constitutional right to abortion merely because they threaten to harm themselves. Women in mental health crises need treatment, not abortion.

This decision ensures that our pro-life laws here in Idaho will continue protecting both mother and baby. We want to extend our gratitude to Attorney General Labrador and his team for their hard work defending our laws.

About Idaho Family Policy Center

Idaho Family Policy Center is a ministry that advances the lordship of Christ in the public square through engaging the church, promoting God-honoring public policy, and training statesmen. Visit IFPC's website at https://idahofamily.org/

• Web
|
• More Posts(25)