Bloomberg reports that a document was briefly posted on the Supreme Court’s website showing that it will dismiss Idaho’s appeal of a lower court’s decision that allowed emergency abortions to protect the health of a mother.
The current law states that the procedure is only allowed if “necessary to prevent the death of the pregnant woman.” There is an exception for victims of rape and incest, but only in the first trimester.
The Biden administration challenged the law, saying it conflicts with federal regulations — specifically the Emergency Medical Treatment and Labor Act, or EMTALA. It requires emergency rooms to treat patients in active labor and provide stabilizing care. The Biden administration argued that includes abortion if necessary.
In a statement to Scripps News, the Supreme Court acknowledged that the document was real, but it did not say whether that was the final ruling.
“The opinion in Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, has not been released,” Supreme Court spokesperson Patricia McCabe said. “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in these cases will be issued in due course.”
This is the second time in two years that a document from the Supreme Court got out prematurely.
In 2022, a leaked draft opinion showed the Supreme Court would overturn the 1973 Roe v. Wade decision, which legalized abortion nationwide.
The leak forecasted the decision, which was made official about a month later. The Supreme Court was never able to identify the person who leaked the draft opinion.
Document uploaded to Supreme Court website reportedly reveals decision in Idaho abortion case
Bloomberg reports that a document was briefly posted on the Supreme Court’s website showing that it will dismiss Idaho’s appeal of a lower court’s decision that allowed emergency abortions to protect the health of a mother.
The current law states that the procedure is only allowed if “necessary to prevent the death of the pregnant woman.” There is an exception for victims of rape and incest, but only in the first trimester.
The Biden administration challenged the law, saying it conflicts with federal regulations — specifically the Emergency Medical Treatment and Labor Act, or EMTALA. It requires emergency rooms to treat patients in active labor and provide stabilizing care. The Biden administration argued that includes abortion if necessary.
In a statement to Scripps News, the Supreme Court acknowledged that the document was real, but it did not say whether that was the final ruling.
“The opinion in Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, has not been released,” Supreme Court spokesperson Patricia McCabe said. “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in these cases will be issued in due course.”
This is the second time in two years that a document from the Supreme Court got out prematurely.
In 2022, a leaked draft opinion showed the Supreme Court would overturn the 1973 Roe v. Wade decision, which legalized abortion nationwide.
The leak forecasted the decision, which was made official about a month later. The Supreme Court was never able to identify the person who leaked the draft opinion.