According to a draft of the majority opinion briefly posted on the Supreme Court website and obtained by Bloomberg, the nation's highest court seems poised to allow emergency abortions to take place in Idaho, reinstating a lower court order that said they could be performed to protect the health of the mother.
After the 2022 Dobbs decision overturned the constitutional right to an abortion, Idaho Republicans passed a law that banned all abortions except in cases where a doctor explicitly states that the patient will die unless they terminate the pregnancy. The Department of Justice filed a lawsuit against the state of Idaho, arguing a federal law, the Emergency Medical Treatment and Labor Act, or EMTALA, overrides state law and require any hospital that receives Medicare funds to treat anyone with an emergency medical condition. When the lower court sided with the Biden administration, Idaho brought the case to the Supreme Court.
