Summary
An Idaho district court became the first federal court in the nation to “find” a new federal constitutional right to abortion post-Dobbs. The district court also ruled that Idaho can’t enforce its democratically enacted laws to protect unborn babies and their mothers.
Case Timeline
- August 2022: Idaho’s Defense of Life Act takes effect after Dobbs.
- August 2026: A federal district court rules that the federal Constitution protects an abortion right. Idaho Attorney General Raúl Labrador and ADF file an emergency motion for a stay with the U.S. Court of Appeals for the 9th Circuit.
- September 2026: The 9th Circuit grants a temporary stay of the district court’s ruling, allowing Idaho to enforce its pro-life laws as the appeal proceeds.
- October 2026: The 9th Circuit rules that the state of Idaho may continue to enforce its pro-life laws protecting unborn children and their mothers while the appeal proceeds.
