The SCOTUS has accidentally released an opinion which hints that in case of medical emergencies abortions might be allowed in the state of Idaho. Idaho is a state famed for having strict restrictions in place in this regard.
The opinion might have been out in the public due to a mistake. However, it seems that the justices would side with the Biden administration on the question of whether or not to go ahead with abortions in case there is a medical emergency. This will put the lawmakers of Idaho in a tough situation as they have implemented strict restrictions on abortions.
According to Bloomberg Law, the Supreme Court’s published opinion indicates that it is likely to reject Idaho’s challenge, which argues that abortions should not be allowed “improvidently granted” during emergencies. It’s important to note, though, that this opinion does not necessarily reflect the final decision the court will make.
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The opinion was taken down immediately from the internet. However, a spokesperson from the Supreme Court, Patricia McCabe, affirmed that the opinion went public for a brief moment. She added that the “opinion” in this case “has not been released” and would be “issued in due course.”
“The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course,” McCabe said.
The ruling reportedly favours the incumbent by a margin of 6-3. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito, who are considered right-wing, opposed the decision.
The Defence of Life Act
The Defence of Life Act in Idaho restricts and prohibits all forms of abortion except in cases where rape or incest is reported or when it is “necessary to prevent the death of the pregnant woman.” The act came into effect in 2022.
The Biden Administration later sued the state and iterated that the law was in contravention of the Emergency Medical Treatment and Labor Act (EMTALA) of 1986. The law states that all emergency room physicians at hospitals who receive medicare funds should offer ‘stabilising treatment’ to patients whose health or life is at stake.
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