An unofficial Supreme Court opinion briefly posted online Wednesday suggested the court may allow emergency medical abortions in Idaho, despite the state's strict abortion ban. The document, which was quickly withdrawn, indicated that the court could dismiss Idaho's appeal in the case without addressing the central issues. The draft decision appeared to be supported by six justices, with three conservative justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — dissenting.
The court's public information officer, Patricia McCabe, said the decision “has not been publicized” and that the document was “briefly and inadvertently posted … on the Court's website.” He added that the official ruling will be published “in due course”.
The case at hand, Moyle v. USA, revolves around the federal government's argument that Idaho hospitals are required by federal law to provide emergency abortions, even if state law prohibits them. Idaho's 2020 Defense of Life Act allows abortions only if they are “necessary to prevent the death of the pregnant woman” or in cases of rape or incest.
The Supreme Court heard oral arguments in the abortion case in April and is expected to issue a decision before the end of the term, likely in early July. The decision could be announced this week.
Idaho is one of several states that banned abortion after the Supreme Court overturned Roe v. Wade in 2022. It is also one of six states that do not allow exceptions in cases where there could be a non-life threatening health risk. The Biden administration sued Idaho over the ban in August 2022, marking the federal government's first legal challenge since Roe was overturned.
The Justice Department argued that Idaho's near-total ban violated the federal Emergency Medical Treatment and Employment Act, which requires Medicaid-participating hospitals to provide emergency treatment to those who need it. Idaho's ban also allows for the arrest of doctors who perform emergency abortions. The state responded that federal emergency law “does not require emergency rooms to become abortion enclaves in violation of state law.”
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