From a decision Monday by Judge Lynn Winmill (D. Idaho) in Seyb v. Members of Idaho Bd. of Medicine:
At issue [in this case] is not the general right to abortion—definitively rejected in Dobbs—but the right to self-preservation.
In Idaho, the Defense of Life Act makes abortion a felony except when necessary to save the life of the mother (unless her death would be due to self-harm) and for a small subset of rape and incest victims. The law does not contain an exception for pregnancies that will cause serious and permanent harm short of death. Essentially, pregnant women are required to sacrifice their health for the sake of the fetus—even if the fetus will, tragically, not survive past birth….
But the record before the Court provides significant evidence that {the right to a medically indicated abortion} is deeply rooted in our nation's history, bound up with traditional and fundamental principles such as self-defense and necessity. For centuries, a range of legal and medical authorities have recognized that abortion is not a crime when performed to protect a woman's health and safety….
[1.] The History-and-Tradition Test
