Idaho is asking a federal appeals court to reject a lower court ruling that effectively recognized a federal constitutional right to abortion, arguing that the U.S. Constitution does not guarantee such a right.
Idaho Attorney General Raúl Labrador, working with attorneys from Alliance Defending Freedom, filed an emergency motion with the 9th U.S. Circuit Court of Appeals seeking to restore the state’s ability to enforce its Defense of Life Act and protect unborn children and their mothers.
The case follows a federal district court decision that blocked enforcement of Idaho’s pro-life protections in certain circumstances, allowing abortion providers to determine when a pregnancy poses sufficient health risks to justify an abortion.
Idaho argues that the ruling conflicts with the U.S. Supreme Court’s Dobbs decision, which held that the Constitution does not confer a right to abortion and returned authority over abortion policy to the states and their elected representatives.
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