Trial to be Held in Idaho Federal Court to Determine Constitutionality of Statutes Banning Medically Indicated Abortion Care
06.01.26 (MEDIA ADVISORY) – Please be advised that a federal district court will hold a trial from June 8 – 15, 2026, in Boise, Idaho (details below) regarding the constitutionality of Idaho’s abortion bans as applied to medically indicated abortion care.
The legal challenge was brought by the Lawyering Project and Legal Voice on behalf of Dr. Stacy Seyb, an Idaho maternal-fetal medicine specialist who treats patients with high-risk pregnancies. Dr. Seyb wants to be able to offer abortion care to patients with serious medical needs without fear of criminal prosecution or professional discipline.
Attorneys from the Lawyering Project and Legal Voice are available to speak with press; please contact JMiller@lawyeringproject.org to arrange interviews.
Details
Trial begins Monday, June 8 at 9AM MT
Judge B. Lynn Winmill, Presiding
James A McClure Courthouse | 550 W. Fort St. | Courtroom #3 | Boise, ID
Legal Arguments
Medically indicated abortion care — including for patients with mental health conditions that put them at risk of suicide and overdose — is a fundamental right protected by the United States Constitution. It is a specific application of the fundamental rights to life and health, which are deeply rooted in our nation’s history and tradition.
People have a right to medically indicated abortion for the same reason they have a right to self-defense; our society has long recognized that individuals are legally justified in defending themselves against threats of death or serious bodily harm.
There is ample evidence that medically indicated abortion care has enjoyed substantial legal protection in England and the United States since the earliest days of the common law. Only recently have a handful of states like Idaho sought to deny abortion access to pregnant people facing serious threats to their health and lives.
Case History
Dr. Seyb filed this federal lawsuit against the state and local officials charged with enforcing Idaho’s abortion bans in 2024, arguing that abortion remains constitutionally protected when sought for medical reasons. In June 2025, Attorney General Raúl Labrador intervened as a defendant.
Through multiple, overlapping statutes, Idaho currently criminalizes abortion care throughout pregnancy except in some — but not all — cases where abortion is necessary to save a pregnant person’s life and some — but not all — cases where a pregnant person survived a sexual assault. It prohibits abortion in a wide variety of circumstances where a patient’s health is in serious jeopardy or the pregnancy is not likely to result in a live birth, including when a patient has a serious mental health condition that puts them at risk of suicide or overdose, when a patient is carrying an embryo or fetus with a life-limiting condition, or when a patient experiences a pregnancy-related complication that may cause serious injury like organ damage or infertility but is not necessarily life-threatening.
In February 2026, the court ruled that the lawsuit could proceed to trial, concluding with respect to the right to medically indicated abortion: “[T]he record before the Court provides significant evidence that such a right is deeply rooted in our nation’s history, bound up with traditional and fundamental principles such as self-defense and necessity.”
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