Topline
Idaho’s near-total abortion ban is on hold after a federal appeals court blocked it Tuesday, reversing a decision by three judges on the same court weeks ago amid ongoing legal fallout from the Supreme Court overturning Roe v. Wade.
People against the abortion ban protest at the Idaho Capitol in January 2023.
Key Facts
The U.S. Ninth Circuit Court of Appeals in San Francisco said it would reconsider the Biden Administration’s legal challenge against the state’s near-total abortion ban.
The order, supported by a majority of the appellate court’s full roster of active judges, nullifies an earlier ruling allowing Idaho to enforce the law that the same court handed down in late September.
The three-judge panel, all appointed by former President Donald Trump, had overturned a lower court order partially blocking the state from enforcing its abortion ban after the federal government successfully argued it violated federal requirements for hospitals to stabilize patients in emergencies, which could potentially place clinicians at risk of prosecution if such care required an abortion.
The case will now be heard before the entire appeals court, the order said, a procedure used for complex or important cases.
While most circuit courts deploy their entire roster of judges for such hearings, the size of the Ninth Circuit means the hearing will be overseen by a panel of eleven judges selected at random.
Key Background
Idaho was one of many U.S. states with a so-called “trigger law” in place set to swiftly ban or severely restrict access to abortion in the event the Supreme Court overturned Roe v. Wade, a landmark ruling that protected abortion as a fundamental right nationwide for decades. The conservative-leaning court upended the ruling in 2022, handing the power to ban abortion to individual states. The decision instantly changed the lives of millions of women and people who can bear children, initiating trigger laws and empowered other lawmakers to propose and implement other restrictions. Many restrictions are strict and the broad or unscientific language used raised doubt as to whether clinicians could provide normal standards of care for their patients and restricted access to medications that have uses beyond abortion. In the Idaho case, the Biden Administration argued that clinicians either deny or hesitate to provide necessary care for fear of prosecution. Idaho’s lawyers have criticized the federal government’s involvement in the case, particularly its preemptive nature given no medic had been prosecuted under the law.
What To Watch For
The Ninth Circuit is the U.S.’ largest appellate court covering 15 judicial districts from areas including Alaska, Hawaii, Guam, Arizona, Guam, Oregon, Idaho, Washington and California. Accordingly, it has a large roster of judges—there are 28 active judges in the circuit—that will be selected at random for the case, though it’s possible some may be recused from the case. A full panel consists of 11 judges. Of the court’s active judges, 15 were appointed by Democratic presidents and 13 by Republicans, including 10 appointed by Trump and seven by President Biden.
Further Reading
Idaho Abortion Ban Restricted In Court As Judge Sides With Biden Administration (Forbes)
Judge Signals He’ll Likely Side With Biden Administration On Idaho Abortion Ban (Forbes)
Biden Administration Sues Idaho Over Abortion Ban (Forbes)