The U.S. Supreme Court accidentally published an opinion showing the court implementing a stay on Idaho's abortion ban in medical emergencies. The opinion, which the court said is not final, would send the case back to a lower court to proceed.he Supreme Court on Thursday ruled that hospitals in Idaho that receive federal funds are allowed to temporarily provide emergency abortions when a patient faces serious health risks, even though a state law currently bans the procedure.
The Justices wrote in the majority opinion that the case was “improvidently granted” and that the Supreme Court should not have stepped in so quickly, effectively reinstating a lower court ruling that permits doctors in Idaho to perform abortions in emergency situations without fear of prosecution or penalty under state law.
Justice Ketanji Brown Jackson wrote that she would not have dismissed the case, and that the issue should have been resolved by the Supreme Court. “Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote. “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 decision, however, was not entirely a surprise. It came one day after Bloomberg reported that a draft opinion was inadvertently posted on the court’s website in a rare breach of protocol., when a so-called “trigger” law automatically came into effect in Idaho prohibiting all abortions except in cases where it is deemed necessary to prevent the mother's death.
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