The Supreme Court is prepared to allow Idaho doctors to resume performing abortions in medical emergencies, according to Bloombergciting an opinion accidentally posted online Wednesday morning.
In a brief statement, the court acknowledged that a document was “inadvertently” published on its website, reiterating that an opinion on the Idaho case has not been officially made public.
“The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website,” Supreme Court spokeswoman Patricia McCabe acknowledged, adding that the opinion “has not been released” and would be “in due course.”
The court is weighing whether a federal emergency care law trumps an Idaho law that bans abortion in almost all circumstances except when a woman’s life is in danger. The Biden administration has argued that even in states where abortion is banned, federal law says hospitals must be allowed to terminate pregnancies in rare emergencies where a patient’s life or health is at serious risk.
According to the text released by Bloomberg, the opinion indicates that the majority will reject the case as improvidently granted, which would allow Idaho doctors to perform emergency abortions despite state-level restrictions. The Hill has not independently verified the document.
The apparently accidental post marks a shocking lapse from the court’s normal protocols in one of its highest-profile cases. The opinions are posted online moments after the author begins reading each one aloud on the court bench in a highly choreographed presentation. The document was published on the same day that the court released other opinions, mainly on a case centered on misinformation on social media.
Bloomberg reported that the Idaho opinion shows the court split 6-3 on whether to lift the stay that allowed Idaho’s restrictions to take effect. It would be a huge victory for the Biden administration, but rejecting Idaho’s appeal will not resolve the legal issues and will only send the case back to the appeals court rather than expediting it to the highest level.
Conservative justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, Bloomberg reported.
The Supreme Court’s opinions are not final until they are officially handed down, and it is not yet clear whether the version released by Bloomberg is the final version.
The justices have been racing to meet a self-imposed deadline of finishing their work by the end of June, which would require them to release their decision in the abortion dispute and 11 other cases argued by the end of the week.
The court indicated it expects to release additional opinions on Thursday and Friday mornings.
This story originally appeared on thehill.com read the full story
