If the Supreme Court wants to revisit the issues raised in the Idaho abortion case, it won’t have to wait very long — there is already an appeal pending on its docket from Texas.
The New Orleans-based 5th US Circuit Court of Appeals sided with Texas this year in its challenge to the same federal hospital law at issue in the Idaho case. The Biden administration appealed that ruling to the Supreme Court but asked the justices to hold the petition until the court resolved the dispute in Idaho.
The case will be fully briefed this summer and could be granted this fall, which would allow the court to consider a similar question after the November election.
The Texas case has received considerable attention in recent days because abortion rights groups have noted that by not resolving the underlying questions raised in Idaho, the court has left those same issues pending in Texas, where lower courts have ruled against the Biden’s administration’s effort to require abortions in cases where the health of the pregnant woman is at stake.
