A U.S. Supreme Court opinion erroneously — and briefly — posted on the court’s website suggests the court will allow abortions in medical emergencies in Idaho, according to Bloomberg News, which obtained a copy of the opinions.It is unclear if the opinion is the final one. If the 6-3 opinion holds, the court will dismiss the appeal from Idaho without considering the core issues in the case. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch are dissenting, according to Bloomberg.
A decision will no doubt abortion back into the political limelight as a major controversy, just months before the presidential election, but the ruling that got accidentally released Wednesday could alleviate some of the hostility to the court fomented by the decision two years ago overturningCongress passed the Emergency Medical Treatment and Labor Act, known as EMTALA, in 1986 to prevent hospitals from refusing care for uninsured patients or dumping them on other hospitals.
The posted decision rejected Idaho’s argument that it was entitled to determine how to balance the interests of the mother’s health and the interests of a fetus. The state law made it a felony to provide an emergency abortion for a woman whose organs or future fertility were at risk, but not her life. The state contended that EMTALA was never intended to impose a national standard of care, and it noted that EMTALA in four different places mentions “the unborn child.
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