Elisha Brown

By Elisha Brown

A federal judge ruled earlier this month that Idaho cannot regulate abortion when a pregnancy threatens a person’s physical or mental health. The state’s Republican attorney general has appealed the decision. (Photo by Otto Kitsinger for the Idaho Capital Sun)

A federal judge issued a ruling about exceptions to Idaho’s abortion ban in a case that could ultimately end up before the U.S. Supreme Court. 

U.S. District Judge B. Lynn Winmill this month ruled that medical providers in Idaho, a state with a near-total abortion ban, can terminate pregnancies that threaten a patient's physical or mental health, Stateline’s Kelcie Moseley-Morris reports. 

“A pregnant woman’s health is not a state resource to be allocated at the legislature’s whim. The Fourteenth Amendment exists precisely to prevent subjugation like this,” Winmill wrote. 

The case was brought by Dr. Stacy Seyb, a maternal-fetal medicine specialist, who sued Idaho officials in 2024 over the lack of clarity concerning medical emergencies in the state’s abortion ban. 

Idaho Attorney General Raúl Labrador, a Republican, appealed Winmill’s ruling to the 9th U.S. Circuit Court of Appeals last week and also asked Winmill to pause the ruling. 

“The state’s interest in protecting unborn children from unjustified abortion is irreparably harmed by the order, and public interest and equity support a stay for that same reason,” Idaho Assistant Solicitor General Aaron Green wrote in the request for a stay.

Mary Ziegler, a legal historian and professor at the University of California, Davis School of Law, said the ruling could be the start of a “slow erosion” of Dobbs v. Jackson Women’s Health Organization, the Supreme Court decision that overturned the right to an abortion.

THE BEAT

New Jersey Democratic Gov. Mikie Sherrill signs a shield law to protect reproductive and gender-affirming healthcare on Aug. 20, 2026. (Photo by Anne-Marie Caruso/New Jersey Monitor)

NEW JERSEY
New Jersey governor signs shield law aimed at protecting reproductive, transgender healthcare: New Jersey Democratic Gov. Mikie Sherrill signed legislation Thursday that prohibits local law enforcement from cooperating with out-of-state investigations into reproductive or gender-affirming healthcare, shores up patient privacy and expands safeguards for providers who offer those types of services. The law also makes it illegal for people to physically block access to clinics that offer reproductive or transgender healthcare. “New Jersey is making it clear today that what happens in a doctor’s office is strictly between the patients and the doctors. Politicians do not have a say,” said Simone Kraus, a member of the state Transgender Rights Coalition. New Jersey Monitor

ARKANSASS
Medicaid to cover doula care in Arkansas starting in September: Arkansas officials approved rules on Friday for Medicaid coverage of doula care after the state passed a law last year requiring the program and private insurers to cover the service. Expectant mother Madison Jones said she’s looking forward to having a doula by her side when she gives birth this winter. “It’s really hard to speak for yourself when you’re in the middle of a huge transition, a painful transition at that, and you can’t really put your focus into both,” she said. — Arkansas Advocate

KENTUCKY
Kentucky judge allows case to proceed arguing period product tax is unconstitutional: A lawsuit filed by two Kentucky women in March challenging the state’s tax on menstrual products can move forward, a judge ruled Thursday. Lawyers for the state sought to dismiss the case, arguing that the plaintiffs should have filed complaints with the Department of Revenue and Board of Taxes before suing. Kentucky is one of 18 states that still taxes period products. — Kentucky Lantern

ALABAMA
Children in the Black Belt see worse health outcomes, report finds: Researchers found that children born in the Black Belt region of Alabama are more likely to have higher death rates compared with those born in other parts of the state. The infant mortality rate in the area is 9 deaths for 1,000 live births versus 6.5 in non-Black Belt counties. Only three counties in the region have hospitals with labor and delivery wards, according to a recent report. — Alabama Reflector

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THE PULSE
  • TX: Texas attorney general pulls out of multistate surrogacy case | KERA

ABORTION ACCESS IN THE U.S.

Track state-level developments on reproductive rights anytime at News From The States. Send tips and thoughts to ✉️ [email protected], and follow her on Bluesky @elishabrown.

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