9th U.S. Circuit Court of Appeals
Aug. 9, 2023
Major Questions Doctrine cited in Idaho appeal of abortion law
The rulings, if upheld by the appellate courts, would set up a circuit split between the conservative 5th Circuit and liberal leaning 9th Circuit that would send abortion back to the U.S. Supreme Court.
Idaho officials are citing a hotly disputed doctrine as part of their argument to the 9th U.S. Circuit Court of Appeals seeking to overturn a preliminary injunction blocking part of a state law criminalizing abortion.
The appeal will help determine whether state laws banning abortion in Idaho and Texas can be overturned because they conflict with a 1986 federal law requiring hospitals that receive Medicare funding to treat pregnant women wh...
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