Bloomberg reports Supreme Court justices are poised to allow abortions in medical emergencies in Idaho. That’s according to a draft copy of an opinion that was briefly posted on the Supreme Court’s website, apparently by accident. If the 6-3 decision remains unchanged, it will reinstate a lower court order that had ensured Idaho hospitals could perform emergency abortions to protect the health of pregnant people. This is known as the EMTALA case. The decision, however, does not resolve the core issues raised in the case.
In a concurring opinion, Justice Ketanji Brown Jackson wrote, “Today’s decision is not a victory for pregnant patients in Idaho. It is delay. While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires. The court had a chance to bring clarity and certainty to this tragic situation, and we have squandered it.”