We’ve got big news to share on protecting preborn life in Idaho!
Late last month, I told you about a federal court ruling – handed down by Judge Lynn Winmill, a Clinton appointee – that supposedly invented a new constitutional right to abortion.
According to Judge Winmill, the U.S. Constitution guarantees women the right to obtain abortions when they threaten suicide or experience treatable health conditions—even though the U.S. Supreme Court already said in Dobbs that no such right exists.
So here’s the update: Over the last couple weeks – by God’s grace – we’ve seen the decision significantly narrowed by Judge Winmill and now paused by the Ninth Circuit.
The first big development came only days after the original ruling. Initially, Judge Winmill’s order allowed any doctor in the state to perform an abortion for non-life-threatening health conditions or when the mother threatens to commit suicide. But when Attorney General Raúl Labrador filed a motion arguing that the original ruling ran afoul of new guidance from the US Supreme Court, Judge Winmill backpedaled, narrowing his decision so that only the doctor who challenged the law could perform abortions.
The next big development took place shortly thereafter, when Attorney General Labrador appealed Judge Winmill’s decision to the Ninth Circuit Court of Appeals.
That’s when the IFPC Legal Center stepped up to help. Our team – led by IFPC Legal Center Director Caleb Pirc – filed an amicus brief asking the Ninth Circuit to shut down this egregious instance of judicial activism.
The IFPC Legal Center amicus brief was filed on behalf of more than 50 state legislators, including almost all of House and Senate Republican leadership. It explained why Judge Winmill shouldn’t be allowed to legislate from the bench by unilaterally rewriting Idaho’s abortion laws:
This kind of raw judicial policymaking converts the courtroom into a one-man legislature and denigrates the witness stand to a lobbyist’s lectern. Once a court loses sight of the parties before it and begins weighing policy concerns, it is no longer adjudicating—it is legislating.
The amicus brief further explained that state policymakers – not unelected federal judges – should have the final say on state abortion restrictions:
The authority to protect preborn life sits squarely with the people of each state, acting through their elected representatives. The people of Idaho have chosen to protect preborn life. Through their legislature and governor, Idahoans enacted protections for babies in the womb, like the Defense of Life Act and the Heartbeat law. Idaho’s elected judiciary has also weighed in, upholding these laws against constitutional challenges.
And here’s the really good news: The Ninth Circuit acted immediately by pausing Judge Winmill’s decision until both sides have the opportunity to provide more briefing and oral arguments.
This means that the Heartbeat law and Defense of Life Act are fully back in effect again, at least for now—and that’s a huge victory for preborn babies.
All of this points to the reality that the battle over the sanctity of human life is never really finished. Pro-abortion radicals hate that Idaho values life in the womb—and they won’t rest until they’ve brought back abortion-on-demand.
We won’t let that happen.
This is a fast-moving case, so we’ll keep you updated. In the meantime, please keep praying for the judges on the Ninth Circuit as they decide how to move forward.
