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Supreme Court May Allow Emergency Abortions in Idaho

By    |   Wednesday, 26 June 2024 01:07 PM EDT

The Supreme Court may allow abortions to be performed in Idaho in cases of medical emergencies, Bloomberg reported Wednesday, citing a copy of a document it said was briefly posted on the court's website.

The high court has not released its decision in the case, but, based on the document, Bloomberg reports that high court appears likely to reinstate a lower court order that found that Idaho's near-total abortion ban must yield to the Emergency Medical Treatment and Labor Act (EMTALA) when the two statutes conflict.

The 1986 law ensures that patients can receive emergency care at hospitals that receive federal Medicare funding.

According to the inadvertent release, the majority is set to dismiss the case as "improvidently granted" and not resolve the core issues of the case.

Bloomberg obtained a copy of the document as the justices were releasing two other decisions Wednesday morning.

"The Court's Publications Unit inadvertently and briefly uploaded a document to the Court's website," Patricia McCabe, the court's public information officer, said in a statement. "The Court's opinion in Moyle v. United States and Idaho v. United States will be issued in due course."

The docuent indicates that the court intends to vote 6-3 to lift a stay it had placed on a federal district court order. Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorusch dissented from the decision.

In a concurring opinion, Justice Elena Kagan wrote that the ruling "will prevent Idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman's health."

Writing separately, Justice Ketanji Brown Jackson said that she would not have dismissed the case, according to the copy obtained by Bloomberg.

"Today's decision is not a victory for pregnant patients in Idaho. It is delay," she wrote. "While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires."

Wednesday's development marked the second time in two years that a major Supreme Court opinion on abortion has been revealed before being officially published by the justices. A draft opinion of the decision that overturned the landmark 1973 Roe v. Wade ruling was leaked in May 2022 before being formally issued a month later. The source of the leak was never discovered

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The Supreme Court may allow abortions to be performed in Idaho in cases of medical emergencies, Bloomberg reported Wednesday, citing a copy of a document it said was briefly posted on the court's website.
supreme court, abortion, idaho
392
2024-07-26
Wednesday, 26 June 2024 01:07 PM
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