PRESS RELEASE: Ninth Circuit allows Idaho pro-life laws to remain in effect
FOR IMMEDIATE RELEASE
October 30, 2026
SAN FRANCISCO, CA – A Ninth Circuit Court of Appeals panel today issued a stay of the
injunction from District Court Judge Lynn Winmill in the Seyb v. Labrador case challenging Idaho
pro-life laws. The decision ensures that the pro-life laws — including both the Heartbeat law and
the Defense of Life Act — continue to remain fully in effect.
The Heartbeat law, which was researched, drafted, and championed by Idaho Family Policy
Center, provides civil liability for elective abortions performed once a preborn baby’s heartbeat
can be detected, which usually occurs about 18 days after fertilization. The Defense of Life Act
provides criminal liability for elective abortions performed once a pregnancy can be clinically
diagnosed, which is usually about 10 days after fertilization.
In their decision, the Ninth Circuit panel recognized that Idaho has a “profound interest in
preserving fetal life” through its pro-life laws and further noted that the U.S. Supreme Court held
in Dobbs that the Constitution “does not confer a right to abortion.”
Even Judge Kim McClane Wardlaw, a Clinton appointee, recognized in her concurrence that the
Idaho pro-life laws are not “an outlier” when compared to laws throughout Idaho and American
history. She also noted that Idaho laws provide clear “exceptions for abortions necessary to
prevent the death of the pregnant woman” and “in cases involving rape or incest,” and allows
“medical personnel to provide abortions in medical emergencies.”
Federal district court Judge Lynn Winmill issued a ruling on August 13, 2026, blocking
enforcement of Idaho pro-life laws in cases where a mother threatened self-harm. The scope of
the initial ruling was later limited by Judge Winmill before being stayed by the Ninth Circuit to
allow both sides the opportunity to provide more briefing and oral arguments.
The IFPC Legal Center filed an amicus brief at the Ninth Circuit supporting the pro-life laws on
behalf of more than 50 state legislators, including almost all of House and Senate Republican
leadership. The brief explained why Judge Winmill shouldn’t be allowed to legislate from the
bench by unilaterally rewriting Idaho pro-life laws and argued that state policymakers – not
unelected federal judges – should have the final say on state abortion restrictions
A statement from Blaine Conzatti, president of Idaho Family Policy Center:
We’ve said from the beginning that the lower court decision would be reversed on
appeal. Pregnant mothers don’t have a constitutional right to abortion merely because
they threaten to harm themselves. Women in mental health crises need treatment, not
abortion.
This decision ensures that our pro-life laws here in Idaho will continue protecting both
mother and baby. We want to extend our gratitude to Attorney General Labrador and his
team for their hard work defending our laws.
Media Contact: For questions or to schedule an interview with Blaine Conzatti, please contact
Edward Clark, IFPC Communications Manager, at (208) 260-5844 or [email protected].
Idaho Family Policy Center is a ministry that advances the lordship of Christ in the public square
through engaging the church, promoting God-honoring public policy, and training statesmen.
As the premier conservative Christian policy research and educational organization in the state,
IFPC is working to promote biblically sound public policy that protects the sanctity of life,
safeguards religious freedom, strengthens parental rights, recognizes biblical truths in sexuality and gender, and stimulates economic opportunity.
