The Supreme Court is poised to side with the federal government in a challenge against Idaho’s strict abortion ban, according to Bloomberg Law.
The outlet reported that the high court accidentally posted its decision on the court’s website Wednesday, then quickly took it down.
Bloomberg Law said it obtained the documents and it shows the justices will dismiss the case as “improvidently granted.”
That would reinstate a lower court order allowing emergency abortions.
A spokesperson for the high court said the final ruling has not yet been released. “The opinion in Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, has not been released. The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course,” said Patricia McCabe, the public information officer for the court.
The decision, according to Bloomberg Law, would allow hospitals to perform emergency abortions to protect the health of the woman.
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The case before the court rose to the justices two years after the decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and erased the federal guarantee of abortion rights.
The issue is now back with the states, with the Biden administration trying to refashion at least some national standards by using the Emergency Medical Treatment and Active Labor Act, which applies to hospitals that take federal Medicare money.
Under that law, hospitals must deliver stabilizing treatment to emergency patients.
The administration argued Idaho’s law restricting abortion violates EMTALA.
Idaho lost in both federal district court, which issued an injunction of the state law, and at the 9th U.S. Circuit Court of Appeals, which upheld the injunction.
The Supreme Court put the injunction on hold while it considered the case.
