9th U.S. Circuit Court of Appeals
Sep. 29, 2023
9th Circuit: Idaho abortion ban not preempted by US law
The U.S. Justice Department sued Idaho, arguing that the state’s law criminalizing abortion, which took effect after the U.S. Supreme Court overturned Roe v. Wade last year, runs afoul of federal law.
A 9th U.S. Circuit Court of Appeals panel ruled Thursday that a 1986 federal law does not preempt Idaho’s ban on abortion, granting a stay sought by the state against the Biden administration pending appeal.
The U.S. Department of Justice, which is citing the law in battles against states that have passed statutes outlawing abortion, is expected to seek en banc review from the full 9th Circuit of the decision by a three-judge panel, all ap...
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