Supreme Court Accidentally Posts Major Abortion Ruling on Website

The U.S. Supreme Court is poised to temporarily protect the right to abortions in medical emergencies in Idaho, according to an opinion that was briefly posted to the court’s website Wednesday morning, before promptly being taken down, according to Bloomberg.

The opinion indicated that the majority ruled 6-3 to dismiss the case as “improvidently granted,” which will send it back to a lower court to be retried. The lower court had previously reinstated emergency abortions for the health of patients, after Idaho enacted a near-total abortion ban following the 2022 Supreme Court decision overturning Roe v. Wade.

The decision “will prevent Idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman’s health,” wrote Justice Elena Kagan in a concurring opinion.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.

The court was asked to decide whether Idaho’s uber-restrictive ban violated the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospitals receiving funds from Medicare to provide stabilizing treatment to any patient experiencing a medical emergency. In some cases, that could mean the patient requires an emergency abortion.

After President Joe Biden issued a memorandum explicitly stating that EMTALA preempted Idaho’s abortion ban, a lower court halted the law from going into effect. The Alliance Defending Freedom, a conservative legal group behind challenges regarding Dobbs v. Jackson Women’s Health Organization and the abortion pill mifepristone, filed for emergency relief with the Supreme Court—which the court granted, allowing the Idaho law to go into effect, while agreeing to hear the case in Idaho v. United States.

While this is not necessarily the final copy of the opinion, if the court does follow through with its ruling, emergency abortions may continue in Idaho while the issue is duked out in a lower court.

Patricia McCabe, the court’s public information officer, addressed the accidental posting, and said that the court has yet to release its final ruling. “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website,” she said. “The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”

If final, the decision will provide essential relief for pregnant people who may seek emergency care in Idaho— but it will also let the court get away with putting off making actual decisions to protect abortion access, similar to its decision on mifepristone.

In her opinion, Justice Ketanji Brown Jackson wrote that doing away with the case “is not a victory for pregnant patients in Idaho.”

“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,” she wrote.

This story has been updated.