Supreme Court 'inadvertently' posts Idaho abortion ruling draft, appears poised to side with Biden admin

"The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website," said Patricia McCabe, the court’s public information officer.

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Hannah Nightingale Washington DC
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As the Supreme Court released two opinions on Wednesday morning, one decision related to an Idaho abortion bill was accidentally posted to the court’s website briefly before being taken down.

Bloomberg Law obtained a copy of the opinion, with the outlet noting that the ruling is not necessarily the final one. The Supreme Court will be releasing decisions on Thursday and Friday morning, with 12 decisions remaining in the term.

"The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website," said Patricia McCabe, the court’s public information officer. "The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course."

In the decision, the court appeared to rule that emergency room doctors in the state could perform abortions in cases of emergency related to the mother. The court’s decision, if final, would allow a lower court ruling in favor of the Biden administration to remain in effect. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. The posted ruling dismissed Idaho’s appeal in the case.

Moyle v. United States and Idaho v. United States were brought forth regarding Idaho’s abortion law. Under Idaho’s abortion law, exceptions are made for cases where abortion is "necessary to prevent the death of the pregnant woman" or in situations of rape or incest.

The Biden administration sued the state following the abortion law, claiming that the legislation is in conflict with federal requirements that hospitals must provide abortions in emergency cases and violated the Emergency Medical Treatment and Active Labor Act which states that any hospital that received federal funding must provide "necessary and stabilizing treatment" for "an emergency medical condition," including abortion.

Idaho said that their law already provides for abortion in the event that a mother's life is at risk and their law does not need to be expanded to cover additional health risks.

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