Supreme Court allows Idaho to offer emergency medical abortions

Protesters rally outside the U.S. Supreme Court on April 24, 2024, as it hears arguments on whether an Idaho abortion law conflicts with the federal Emergency Medical Treatment and Labor Act.

The U.S. Supreme Court on Thursday, in a 6-3 opinion, temporarily allowed abortions in medical emergencies in Idaho. The opinion was erroneously posted on the court's website on Wednesday.Three of the court's conservatives — Chief Justice John Roberts, and Justices Brett Kavanaugh and Amy Coney Barrett — sided with the three liberals — Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — in dismissing the appeal from Idaho without considering the core issues in the case.

The opinion did not permanently resolve whether Idaho acted within its rights, or whether the state law is pre-empted by EMTALA. Rather, by a 6-3 vote, the court retreated from a previous ruling that had temporarily allowed Idaho's law to take effect, meaning that emergency abortions were illegal in the state if they were to save a mother's health, but not her life.

The opinion dismissed the case as"improvidently granted" and returned it to the lower courts for further litigation. The case will now return to a federal district court judge, who had temporarily blocked the Idaho law from going into effect.Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.

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