On Thursday, the Supreme Court punted on the biggest abortion case since it overturned Roe v. Wade almost exactly two years ago. The high court was asked to decide whether Idaho’s restrictive abortion law conflicts with a federal law requiring hospitals that receive federal funds to provide patients with “stabilizing treatment.” But instead of deciding the case, the high court sent the case back down to the lower courts.
Idaho’s attorneys were now arguing that there was no conflict between the state law and the federal law because the state Supreme Court and its Legislature interpreted Idaho’s law as permitting abortions in more cases than initially understood. For instance, as Barrett noted, the Idaho Supreme Court “explained that the Act ‘does not require objective certainty, or a particular level of immediacy, before the abortion can be ‘necessary’ to save the woman’s life.
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