The opinion text posted by Bloomberg indicates the majority will dismiss the case as improvidently granted, which would enable doctors in Idaho to perform emergency abortions despite state-level restrictions. The Hill has not independently verified the document.
In a brief statement, the court acknowledged that a document had been “inadvertently” posted on its website, reiterating that an opinion on the Idaho case has not officially been made public.
The court is mulling whether a federal emergency care law trumps Idaho’s law that bans abortion in nearly all circumstances, except when a woman’s life is in danger.
The Biden administration argued that even in states where abortion is banned, federal law says hospitals must be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk.
The opinion shows the court split 6-3 in favor of lifting its previous stay that enabled Idaho’s restrictions to go into effect. Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
The Supreme Court issued an emergency action months ago that paused the lower court ruling, prior to hearing arguments in the case in April.
If the decision is accurate, it would mark a temporary victory for the Biden administration, which has struggled to protect abortion access since the high court overturned Roe v. Wade two years ago.
Dismissing the appeal from Idaho won’t resolve the legal questions and will merely send the case back to the appeals court instead of rushing it through to the highest level.
It would also mark the second time that the justices have deflected ruling on the merits of abortion this term. A lawsuit regarding access to mifepristone was dismissed earlier this month due to lack of standing from the plaintiffs.
