9th U.S. Circuit Court of Appeals
Jan. 8, 2024
Supreme Court agrees to return to abortion debate
Friday’s decision to grant an emergency application of a stay pending appeal sought by Idaho and its Legislature allows the state’s Defense of Life Act to go into effect, pending a ruling following oral arguments in April and a decision this summer.
9th Circuit Judge Lawrence VanDyke wrote that federal law "does not set standards of care or specifically mandate that certain procedures, such as abortion, be offered."
Reversing a 9th U.S. Circuit Court of Appeals decision, the U.S. Supreme Court on Friday allowed Idaho’s abortion ban to go into effect immediately despite claims by the Biden administration that it is preempted by federal law that allows the procedure in emergency situations.
A 9th Circuit en banc panel in October reversed a three-judge panel decision that a 1986 federal law does not preempt Idaho’s abortion ban and was scheduled to consid...