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Supreme Court Allows Emergency Abortions in Idaho Following Court Leak
By Zachary Leeman,
11 days ago
The Supreme Court released a ruling on Thursday allowing for emergency abortions in Idaho following the opinion being briefly leaked the day before.
The Supreme Court acknowledged the leak of the ruling on Wednesday. It was the second major leak out of the court following the reversal of Roe v. Wade two years ago.
“The opinion in Moyle v. The United States and Idaho, the United States, this case has not been released. The court’s publications unit inadvertently and briefly uploaded a document to the court’s website. The court’s opinion in this case will be issued in due course,” the court said in a statement.
Thursday’s 6-3 opinion was authored by Justice Elena Kagan .
“An Idaho law prohibits abortions unless necessary to prevent a pregnant woman’s death; the law makes no exception for abortions necessary to prevent grave harms to the woman’s health, like the loss of her fertility,” the opinion reads.
Justices Clarence Thomas , Neil Gorsuch , and Samuel Alito made up the three dissenting opinions.
The court’s ruling still leaves questions in regards to specifics about states verses federal laws on abortion and what constitutes a medical emergency. Thursday’s ruling has no bearing on other states that have enacted abortion bans. The Supreme Court did not rule whether Idaho’s abortion ban conflicts with a federal law requiring stabilizing care for hospital patients. The court dismissed an appeal, meaning a lower court’s ruling allowing emergency abortions can remain in effect.
This also means the court could end up taking on the same case later.
Justice Ketanji Brown Jackson wrote that “storm clouds loom ahead” on the issue of abortion.
“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,” she wrote.
Alito also wrote that it is “regrettable” the court did not give a more firm ruling on the “highly politicized question” presented in the case.
“Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents,” he wrote. “That is regrettable.”
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