Doctors Stacy Seyb, M.D. v. Members of the Idaho Board of Medicine, et al.

Boise, Idaho, civil rights lawyers represent the Plaintiff seeking a declaratory judgement Enjoining the enforcement of Idaho's the enforcement of the Fetal Heartbeat Act, Idao Code 18-8804.

Dr. Seyb brought this action seeking to enjoin Idaho officials from prosecuting him if he performed an abortion where pregnancy posed a non-negligible risk of serious and lasting harm to the health of the pregnant woman but would not be life threatening. After a bench trial, the district court determined that “the historical record shows that our legal tradition has consistently shielded health-preserving abortions from prosecution since the early days of the common law.” The court enjoined the enforcement of the Defense of Life Act, Idaho Code § 18-622, and the Fetal Heartbeat Act, Idaho Code § 18-8804, in cases where in the physician’s good faith medical judgment that continuation of the pregnancy posed a non-negligible risk “of serious and lasting harm to the health of the pregnant woman,” or of “death of the pregnant woman from self-harm.” The district court
subsequently issued a partial stay of its injunction pending appeal, staying
“enforcement of the challenged statutes against persons other than Dr. Seyb.”

Having determined that Defendants have made a strong showing of likelihood of success on the merits and irreparable harm absent a stay, we stay the enforcement of the district court’s injunction pending appeal. Consistent with this
determination, Dr. Seyb’s motion to vacate the partial stay of the injunction is denied.