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Seyb v. Members of the Idaho Board of Medicine (Idaho)

(1:24-cv-00244-DKG (D. Idaho))

This federal case challenges application of Idaho’s abortion bans to medically indicated abortion care, asserting that, despite the Supreme Court’s 2022 decision overturning Roe v. Wade, the U.S. Constitution continues to protect the right to abortion in cases of serious medical need.

Through multiple, overlapping statutes, Idaho has imposed a blanket ban on abortion care except in some—but not all—cases where abortion is necessary to save a pregnant person’s life and some—but not all—cases of sexual assault.  Collectively, these laws prohibit 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 needs cancer treatment, a miscarriage is inevitable, or a patient has developed a hypertensive disorder that could result in organ damage, organ failure, or death.

Notably, Idaho does not permit abortion when a pregnant person is battling a serious mental health condition that puts them at risk of death from self-harm, even though suicide and overdose are among the leading causes of death for pregnant and post-partum people in the United States.  From 2018 to 2021, when Idaho had an active maternal mortality review committee, mental health conditions constituted the most common underlying cause of maternal death in Idaho.

Although the relief sought in this case would address only a fraction of the harm that Idaho’s abortion bans are causing, securing it would be a meaningful step toward achieving justice for Idaho residents and highlighting the flawed historical evidence and overbroad assumptions underlying the Supreme Court’s decision to overturn Roe.

Plaintiffs:

Stacy Seyb, M.D.

Defendants:

Members of the Idaho Board of Medicine; Ada County Prosecuting Attorney; Adams County Prosecuting Attorney; Bannock County Prosecuting Attorney; Bear Lake County Prosecuting Attorney; Benewah County Prosecuting Attorney; Bingham County Prosecuting Attorney; Blaine County Prosecuting Attorney; Boise County Prosecuting Attorney; Bonner County Prosecuting Attorney; Bonneville County Prosecuting Attorney; Boundary County Prosecuting Attorney; Butte County Prosecuting Attorney; Camas County Prosecuting Attorney; Canyon County Prosecuting Attorney; Caribou County Prosecuting Attorney; Cassia County Prosecuting Attorney; Clark County Prosecuting Attorney; Clearwater County Prosecuting Attorney; Custer County Prosecuting Attorney; Elmore County Prosecuting Attorney; Franklin County Prosecuting Attorney; Fremont County Prosecuting Attorney; Gem County Prosecuting Attorney; Gooding County Prosecuting Attorney; Idaho County Prosecuting Attorney; Jefferson County Prosecuting Attorney; Jerome County Prosecuting Attorney; Kootenai County Prosecuting Attorney; Latah County Prosecuting Attorney; Lemhi County Prosecuting Attorney; Lewis County Prosecuting Attorney; Lincoln County Prosecuting Attorney; Madison County Prosecuting Attorney; Minidoka County Prosecuting Attorney; Nez Perce County Prosecuting Attorney; Oneida County Prosecuting Attorney; Owyhee County Prosecuting Attorney; Payette County Prosecuting Attorney; Power County Prosecuting Attorney; Shoshone County Prosecuting Attorney; Teton County Prosecuting Attorney; Twin Falls County Prosecuting Attorney; Valley County Prosecuting Attorney; and Washington County Prosecuting Attorney

Co-counsel:

Timeline and Key Documents:

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