Emergency Docket

Emergency Docket

Defying Dobbs

“Health-preserving abortion” is still abortion

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Preston Hill
Sep 08, 2026
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Apparently, the Supreme Court stuttered.

Four years ago, in Dobbs v. Jackson Women’s Health Organization, the Court held that the Constitution does not confer a right to abortion. Writing for the majority, Justice Alito explained: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” The language could hardly have been clearer. Yet four years later, a federal district judge held that the Constitution protects such a right. The decisions are irreconcilable.

Judge B. Lynn Winmill ruled in Seyb v. Members of the Idaho Board of Medicine, that the Fourteenth Amendment protects a right to what he calls “health-preserving abortion” when pregnancy poses a non-negligible risk of serious and lasting harm to a woman’s health. The Aug. 13 decision struck down Idaho’s exclusion of self-harm from its exception for abortions necessary to prevent a woman’s death. The Ninth Circuit has temporarily stayed his injunction.

Simply put, W…

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Preston Hill
UNC ‘27 | Journalist | Substack writer | SCOTUS and elections nerd | Founder of the Election HillCast | “I am proud to be a Tar Heel” — Preston Hill, Fox News
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