Supreme Court Appears Poised to Temporarily Allow Emergency Abortions in Idaho
In a surprising turn of events, the Supreme Court seems ready to temporarily allow emergency abortions in Idaho when a woman’s health is at risk. A copy of what appeared to be the opinion briefly surfaced on the court’s website on Wednesday, according to Bloomberg News.
The unsigned opinion dismissed the case as “improvidently granted,” indicating a potential reinstatement of a lower federal court ruling that had paused Idaho’s near-total ban on abortion. This lower court decision allowed hospitals in the state to perform emergency abortions if necessary to protect the health of the mother.
While it remains unclear if the document is final, a spokeswoman for the court mentioned that a decision in the cases of Moyle v. United States and Idaho v. United States will eventually be released. These cases revolve around the conflict between a federal law mandating emergency care for any patient and Idaho’s strict abortion ban, which only allows the procedure in limited circumstances.
The split within the court, as outlined in the unsigned opinion, was 6 to 3, with Justice Ketanji Brown Jackson writing a partial agreement and partial dissent. The liberal justices, along with Justices Amy Coney Barrett and Brett M. Kavanaugh and Chief Justice John G. Roberts Jr., all provided concurring opinions, while three conservative justices dissented.
If the document indeed reflects a final decision, it would mark the second time this term that the justices have deferred ruling on the merits of abortion. The opinion suggests that the court may not address the substance of the case immediately but rather ensure that women can still access emergency abortions as the legal process unfolds.
In her concurrence, Justice Elena Kagan emphasized that the court’s action would prevent Idaho from enforcing its abortion ban in cases where a woman’s health is at risk. Justice Jackson, on the other hand, expressed disappointment in the court’s decision to dismiss the matter on procedural grounds, urging for a resolution of the conflict at hand.
Overall, the potential temporary allowance of emergency abortions in Idaho highlights the ongoing legal battles surrounding reproductive rights and access to healthcare in the United States. As the case continues to evolve, the Supreme Court’s ultimate decision will undoubtedly have far-reaching implications for women’s health and reproductive freedom.
