The U.S. Supreme Court ruled that emergency abortions in Idaho can be performed.
When a patient’s health is at serious risk, hospitals in the northwest state, for now, can perform emergency abortions.
This happens almost exactly two years later the historic overturning of Roe v Wadeafter which Idaho was among 14 states that banned abortion at all stages of pregnancy with incredibly limited exceptions.
U.S. judges ruled that they had preemptively become involved in the case, and a 6-3 majority restored a lower court order that had allowed the state’s hospitals to perform emergency abortions to protect the patient’s health.
The opinion, which comes during an election year, means the Idaho case will continue in lower courts and could end up before the Supreme Court once again.
Therefore, the same justices who voted to revoke the constitutional right to abortion could soon reconsider when doctors can perform abortions in medical emergencies, meaning the issue is still far from resolved.
Ketanji Brown Jackson, judge of the highest court in the United States, said: “Today’s decision is not a victory for pregnant patients in Idaho.
“It’s a delay
“While this court dawdles and the country waits, pregnant people suffering from emergency medical conditions remain in a precarious situation because their doctors do not know what the law requires.”
Protesters gather outside the Supreme Court to mark two years since Roe v. Wade on June 24. Photo: AP
Conservative Justice Samuel Alito, who was key in the initial decision that overturned Roe v. Wade also disagreed with the decision to dismiss the case, although for different reasons than Judge Jackson.
Along with Justice Neil Gorsuch and Clarence Thomas, he suggested that the court should side with Idaho.
The limited ruling apparently attempts to avoid putting the issue center stage during an election year where abortion rights have been a contentious issue.
The court ruling is expected to have a significant effect on emergency care in other states with strict abortion bans.
The Supreme Court previously allowed the ban to go into effect, which does allow abortion to save the life of a pregnant patient.
But since then, several women have needed medical air transportation out of state in cases where abortion is a routine treatment to avoid infection, bleeding and other serious health risks, Idaho doctors said.
Bloomberg previously reported that the Supreme Court briefly posted the opinion on the court’s website, before removing it.
The Supreme Court acknowledged that a document was inadvertently published before the decision was confirmed Thursday.
President Joe Biden, in a statement, said: “Today’s order from the Supreme Court ensures that women in Idaho can access the emergency medical care they need while this case returns to the lower courts.
“No woman should be denied care, forced to wait until she is near death, or forced to flee her home state just to receive the medical care she needs.
“This should never happen in America. Yet this is exactly what is happening in states across the country since the Supreme Court overturned Roe v Wade.”
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However, the procedural ruling has left key questions unanswered and does not resolve the central issues of the case.
Most Republican-controlled states began imposing restrictions on abortion two years ago, following the constitutional ruling.
Since then, there has been an increase in reports of pregnant women being turned away from emergency rooms in the United States.
In a statement, Donald Trump’s national press secretary, Karoline Leavitt, claimed that President Biden and Democrats were “out of touch” with average Americans on the issue.
He added: “President Trump has long been consistent in supporting states’ rights to make decisions about abortion.”
US Vice President Kamala Harris accused Trump of being behind abortion bans, saying: “Ultimately, one thing is certain: the only way to stop Trump’s relentless attacks on Americans’ fundamental freedoms is to the November polls”.
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