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(The Guardian) Supreme court inadvertently releases opinion requiring abortions in medical emergencies in Idaho - report
The supreme court today published an opinion, apparently by accident, that shows the justices will rule in favor of the Biden administration in a dispute with Idaho over whether hospitals there can be required to carry out abortions in emergencies, Bloomberg Law reports.
The opinion, which was later taken down, indicates the court will dismiss Idaho’s challenge to the regulations and require federally funded hospitals to perform the procedure in emergencies, despite the state’s strict ban on abortions.
www.bloomberg.com
According to the eagle-eyed sleuths at Bloomberg Law, who somehow spotted the apparently erroneously published opinion in the Idaho abortion case, or had someone give it to them, the supreme court will dismiss the state’s case as “improvidently granted”.
That would reinstate a lower court decision allowing hospitals to perform abortions when the health of the mother is at risk.
The court did not respond to a request for comment from Bloomberg Law, which notes that the copy of the ruling is not necessarily the final decision.
A supreme court opinion in a high-profile abortion case that is revealed to the public before it is supposed to be?
If this sounds familiar, that’s because it is.
Just over a month and a half before the supreme court’s ruling in Dobbs v Jackson Women’s Health Organization, in which five conservative justices overturned the 49-year-old constitutional protections on abortion created by Roe v Wade, someone leaked the majority’s draft opinion.
To this day, it has not been revealed who was behind the disclosure, though there are plenty of theories as to why someone would want to leak it.
In that case, the leaked draft generally lined up with how the court ended up ruling, and gave the public early warning that Roe was poised to fall. And indeed it did, setting the stage for states to ban abortion, and an array of legal battles to play out over circumstances in which the procedure should remain available – which is what the Idaho case is about.
The supreme court today published an opinion, apparently by accident, that shows the justices will rule in favor of the Biden administration in a dispute with Idaho over whether hospitals there can be required to carry out abortions in emergencies, Bloomberg Law reports.
The opinion, which was later taken down, indicates the court will dismiss Idaho’s challenge to the regulations and require federally funded hospitals to perform the procedure in emergencies, despite the state’s strict ban on abortions.
Supreme Court Poised to Allow Emergency Abortions in Idaho
The US Supreme Court is poised to allow abortions in medical emergencies in Idaho, according to a copy of an opinion that was briefly posted on the court’s website.
www.bloomberg.com
According to the eagle-eyed sleuths at Bloomberg Law, who somehow spotted the apparently erroneously published opinion in the Idaho abortion case, or had someone give it to them, the supreme court will dismiss the state’s case as “improvidently granted”.
That would reinstate a lower court decision allowing hospitals to perform abortions when the health of the mother is at risk.
The court did not respond to a request for comment from Bloomberg Law, which notes that the copy of the ruling is not necessarily the final decision.
A supreme court opinion in a high-profile abortion case that is revealed to the public before it is supposed to be?
If this sounds familiar, that’s because it is.
Just over a month and a half before the supreme court’s ruling in Dobbs v Jackson Women’s Health Organization, in which five conservative justices overturned the 49-year-old constitutional protections on abortion created by Roe v Wade, someone leaked the majority’s draft opinion.
To this day, it has not been revealed who was behind the disclosure, though there are plenty of theories as to why someone would want to leak it.
In that case, the leaked draft generally lined up with how the court ended up ruling, and gave the public early warning that Roe was poised to fall. And indeed it did, setting the stage for states to ban abortion, and an array of legal battles to play out over circumstances in which the procedure should remain available – which is what the Idaho case is about.
