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The Supreme Court inadvertently posted a document related to a pending abortion case online, which was obtained by Bloomberg Law but has not officially been released. The document suggests that the court may allow emergency room doctors in Idaho to perform abortions in certain situations, dismissing an appeal brought by Idaho officials and reinstating a lower court ruling in favor of the Biden administration. Three conservative justices object to this conclusion.
The case revolves around whether a federal law regulating emergency room treatment overrides Idaho’s strict abortion ban. If the appeal is dismissed, the legal question remains unresolved. Justice Ketanji Brown Jackson expressed disappointment in the court’s decision to delay resolving the issue, suggesting that pregnant patients in Idaho remain in a precarious position due to the lack of clarity in the law.
Idaho’s law imposes criminal penalties on those performing abortions, and the state was blocked from enforcing certain provisions under the federal Emergency Medical Treatment and Labor Act. The Biden administration argued that emergency room care should include abortions in specific situations to protect women’s health. The Supreme Court is expected to issue rulings on the case, among others, as it reaches the end of its current term.
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