Supreme Court Allows, for Now, Emergency Abortions in Idaho

A majority of the justices dismissed the case, reinstating a lower-court ruling that paused the state’s near-total abortion ban.

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Supporters of abortion rights protesting in front of the Supreme Court in April as the court heard oral arguments in the Idaho abortion case.

The Supreme Court said on Thursday that it would dismiss a case about emergency abortions in Idaho, temporarily clearing the way for women in the state to receive an abortion when their health is at risk.

The brief, unsigned opinion declared that the case had been “improvidently granted.” The decision reinstates a lower-court ruling that had halted Idaho’s near-total ban on abortion and permitted emergency abortions at hospitals if needed to protect the health of the mother while the case makes its way through the courts.

The decision, which did not rule on the substance of the case, appeared to closely mirror a version that appeared briefly on the court’s website a day earlier and was reported by Bloomberg. A court spokeswoman acknowledged on Wednesday that the publications unit had “inadvertently and briefly uploaded a document” and said a ruling in the case would appear in due time.

The joined cases, Moyle v. United States and Idaho v. United States, focus on whether a federal law aimed at ensuring emergency care for any patient supersedes Idaho’s abortion ban, one of the nation’s strictest. The state outlaws the procedure, with few exceptions unless a woman’s life is in danger.

The decision was essentially 6 to 3, with three conservative justices siding with the liberal wing in saying they would drop the case.

It was the first time that the court was confronted with the question of statewide restrictions on abortion, many of which swiftly took effect after the court eliminated a constitutional right to the procedure two years ago.

Tracking Abortion Bans Across the Country

The New York Times is tracking the status of abortion laws in each state following the Supreme Court’s 2022 decision to overturn Roe v. Wade.

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