Another SCOTUS Leak: Looks Like Idaho Women Will Be Allowed Emergency Abortions

The Supreme Court appears poised to allow abortions in medical emergencies in Idaho, according to a document that was inadvertently posted on the court’s website in another astonishing breach of protocol.

A Supreme Court spokeswoman confirmed that a “document” was “inadvertently and briefly uploaded” to the court’s website. Supreme Court spokeswoman Patricia McCabe stressed that the “opinion” in the case “has not been released” and would be “issued in due course.”

At issue is Idaho’s strict abortion ban, which provides an exception for the life of the pregnant woman. The Biden administration argued that a federal law also required hospitals to perform abortions in cases where the health of the pregnant woman is at stake.

The Biden administration sued Idaho in 2022, saying the state’s strict abortion ban conflicts with the law.

The opinion showed that a majority of the court (6-3) agreed to dismiss the appeal, according to Bloomberg, which reported that it reviewed a copy of the opinion. Bloomberg did not post the document.

A dismissal would let stand an opinion from the full 9th US Circuit Court of Appeals that sided with the Biden administration in the case. 

The version of the opinion inadvertently posted Wednesday may not be the final decision.