Supreme Court rules to allow emergency exceptions to Idaho's abortion ban
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The Supreme Court on Thursday ruled that doctors in Idaho must – at least for now – be allowed to provide emergency abortions despite the state's near-total ban, in order to comport with the federal law that requires emergency rooms to give "stabilizing treatments" to patients in critical condition.
In an unsigned opinion, the Court held that writs of certiorari in two cases involving the law were "improvidently granted," and vacated stays the Court granted earlier this year. The matter will continue to be litigated on the merits in lower courts, and could end up back before the Supreme Court in the future.
On Wednesday, the court mistakenly posted a draft of the opinion on the court's website before it was taken down. Thursday's opinion appears very similar to the accidental draft, with the same outcome but without a few paragraphs from the earlier draft.
The consolidated cases, Moyle v. U.S. and Idaho v. U.S., had national attention following the high court's 2022 ruling that overturned Roe v. Wade.
SCOTUS TO HEAR ARGUMENTS IN BIDEN’S LAWSUIT 'SUBVERTING STATES' RIGHTS' ON ABORTION
In a concurring opinion, Justice Amy Coney Barrett, joined by Chief Justice Roberts and Justice Brett Kavanagh, agreed with the highly unusual move by the Court "because the shape of these cases has substantially shifted" since the Court granted certiorari.
However, Justice