9th U.S. Circuit Court of Appeals
Nov. 24, 2023
Idaho asks justices to stay injunction on its anti-abortion law
Idaho argues that a 1986 federal law, the Emergency Medical Treatment and Labor Act, does not preempt the state law that punishes doctors for performing abortions in emergency situations unless the woman’s life is in danger.
The Idaho attorney general’s office, fed up with the 9th U.S. Circuit Court of Appeals, has asked the U.S. Supreme Court to restore a three-judge panel’s decision that allowed his state’s abortion ban to go into effect.
The state’s emergency application, filed Monday, asks justices to stay an injunction of the Idaho Defense of Life Act that was imposed by Senior U.S. District Judge B. Lynn Winmill, an appointee of President Bill Clinton.
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