A recent development at the Supreme Court suggests that emergency abortions may soon be permitted in Idaho. An opinion document, mistakenly published on the court's website, indicated that a majority of the justices agreed to dismiss the appeal in a significant abortion case. The release of this information was an unusual breach of protocol for the Supreme Court, known for its careful handling of opinions.
The case in question revolves around Idaho's strict abortion ban, which includes an exception for cases where the life of the pregnant woman is at risk. The Biden administration has argued that federal law mandates hospitals to perform abortions when the health of the pregnant woman is in jeopardy.
If the dismissal is finalized, it would uphold a previous ruling by the full 9th US Circuit Court of Appeals that supported the Biden administration's stance on the matter. The leaked document revealed a 6-3 vote in favor of allowing emergency abortions in Idaho on a temporary basis.
Justice Elena Kagan, in a concurring opinion, emphasized that the Supreme Court's decision would prevent Idaho from enforcing its abortion ban in situations where a woman's health is at serious risk. However, Justice Ketanji Brown Jackson expressed dissent, stating that the decision only amounted to a delay rather than a victory for pregnant patients in Idaho.
Despite the leaked information, a Supreme Court spokeswoman clarified that the official opinion has not been released and will be issued in due course. Legal analysts, such as Steve Vladeck from the University of Texas School of Law, view the potential decision as a significant but temporary win for the Biden administration.
