9th Circuit Shoots Down Rogue Judge’s Bid To ‘Defy’ Dobbs Decisionhttps://thefederalist.com/2026/09/04/9th-circuit-shoots-down-rogue-judges-bid-to-defy-dobbs-decision/A federal appellate court shot down on Thursday a rogue judge’s bid to “defy” the U.S. Supreme Court’s Dobbs decision permitting lawmakers to regulate abortion policy.
In a newly released order, the 9th Circuit Court of Appeals temporarily paused an August ruling by Idaho-based Senior District Judge B. Lynn Winmill. The Clinton appointee seemingly infringed on Idaho’s pro-life law by holding that the 14th Amendment’s due process and equal protection clauses “establish a narrow but fundamental right to abortion when a pregnancy threatens the woman’s life or health.”
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Idaho law allows exceptions for abortion in rare circumstances such as rape, incest, and danger to a mother’s life. According to the Family Research Council, however, Winmill’s ruling seemingly expands that last exception by adding a woman’s “mental health (not just her life, as the law stipulates).”
Backed by Alliance Defending Freedom, Labrador filed an emergency application for stay last week asking the 9th Circuit to temporarily pause Winmill’s decision. The Republican attorney general argued that the Clinton appointee’s injunctions “defy” the Supreme Court’s Dobbs decision and “prevent Idaho from enforcing its democratically enacted laws to protect unborn babies and their mothers.”
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In its two-page order, the 9th Circuit said that Winmill’s decision is momentarily stayed “pending briefing and oral argument on Appellants’ Emergency Motions for a Stay Pending Appeal.” The temporary pause “does not reflect the Court’s views on the Emergency Motions for a Stay Pending Appeal,” the court added.
Defiantly ignoring USSC decisions seems to be SOP for Dem-appointed judges, lately.