Life
Culture

Idaho Tells Federal Court: There’s No Right To Abortion

Idaho tells the 9th Circuit there is no constitutional right to abortion, urging the court to restore the state’s authority to protect unborn children and mothers after a district judge blocked its pro-life law.

August 28, 2026
2 min read

(Life News) After an Idaho district court became the first federal court in the nation to “find” a new federal constitutional right to abortion post-Dobbs, Idaho Attorney General Raúl Labrador, serving alongside Alliance Defending Freedom attorneys, asked the U.S. Court of Appeals for the 9th Circuit Wednesday to allow the state to protect the lives of unborn children and women.

Just four years after the U.S. Supreme Court returned the issue of abortion to the people and their elected representatives, the district court ruled that Idaho can’t enforce its democratically enacted laws to protect unborn babies and their mothers. Attorneys explain that since the pro-life laws have been in effect, Idaho’s maternal mortality rate has plummeted.

But the district court’s ruling blows a hole in Idaho’s protection for life by allowing abortion doctors to decide—in their personal judgment—what maternal health risks are sufficient to terminate a baby. The district court even intimated that risk of a C-section would justify an abortion.

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