While the decision is a sigh of relief for many abortion rights advocates, many people ― including some Supreme Court justices ― are cautioning against calling it a win.was “per curiam,” meaning it was unsigned. Six justices — Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Amy Coney Barrett, Brett Kavanaugh and Chief Justice John Roberts ― wrote concurring opinions. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch wrote dissents.
“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,” Jackson wrote. “This Court had a chance to bring clarity and certainty to this tragic situation, and we have squandered it. And for as long as we refuse to declare what the law requires, pregnant patients in Idaho, Texas, and elsewhere will be paying the price.
“The Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents,” Alito wrote. “That is regrettable.”. While it does not roll back access to emergency abortion care, it does not go as far as to protect that care. It simply prolongs the arguments in the case by kicking it back to lower courts.
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