The Supreme Court allows emergency abortions in Idaho for now in a limited ruling

By LINDSAY WHITEHURST | Associated Press

WASHINGTON  — The Supreme Court cleared the way Thursday for Idaho hospitals to provide emergency abortions for now in a procedural ruling that left key questions unanswered and could mean the issue ends up before the conservative-majority court again soon.

The ruling came a day after an opinion was briefly posted on the court’s website accidentally and quickly taken down, but not before it was obtained by Bloomberg News.

The final opinion appears largely similar to the draft released early. It reverses the court’s earlier order that had allowed an Idaho abortion ban to go into effect, even in medical emergencies.

It does not resolve the issues at the heart of the case, meaning the same justices who voted to overturn the constitutional right to abortion could soon be again considering when doctors can provide abortion in medical emergencies.

The premature release marked the second time in two years that an abortion ruling went out early, though in slightly different circumstances. The court’s seismic ruling ending the constitutional right to abortion was leaked to Politico.

The ruling came in a case filed against Idaho by the Biden administration, which argued that doctors must be allowed to provide emergency abortions under a federal law when a pregnant woman faces serious health risks.

Idaho had pushed back, arguing that its law does provide an exception to save the life of a pregnant patient and federal law doesn’t require expanded exceptions.

Doctors in Idaho said that the law wasn’t clear on when they could provide abortions in emergencies, forcing them to airlift pregnant women to other states for emergency care on several occasions since the high court had allowed the ban to go into effect in January.