Supreme Court mistakenly posts draft opinion in key Idaho abortion case

The U.S. Supreme Court mistakenly posted a draft of an opinion on a key abortion case to its website Wednesday before quickly taking it down. The opinion relates to whether Idaho hospitals are required to perform abortions in emergency situations despite a state law banning the act. Bloomberg News reported that the opinion was briefly posted to the website Wednesday morning before being taken down.

Based on oral arguments in April, it was unclear from the public session how the court might eventually decide. Justices Brett Kavanaugh and Amy Coney Barrett asked aggressive questions of both sides. Idaho officials argued hospitals cannot be forced by the Biden administration to perform abortions in potential emergency situations if the state has a near-total ban on the procedure – with an exception only to save the life of the mother.

Meanwhile, the Justice Department argued the federal Emergency Medical Treatment and Labor Act requires health care providers to give 'stabilizing treatment' – including abortions – for patients when needed to treat an emergency medical condition, even if doing so might conflict with a state's abortion restrictions.

The Supreme Court will go into recess in a matter of days, and the Idaho ruling could be formally released later this week.

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