The Supreme Court recently uploaded a document to its website that was related to a highly anticipated case involving Idaho’s near-total ban on abortion. The opinion, in a pair of cases known as Moyle v. U.S. and Idaho v. U.S., would reinstate a lower court order that blocked Idaho from enforcing its near-total ban in cases where abortion is needed to preserve the health of the mother. According to reports, the court is expected to dismiss Idaho’s appeal in a 6-3 split, with Justices Thomas, Alito, and Gorsuch in dissent. The final decision in the case is set to be released in the coming days as the Supreme Court nears the end of its term.
A spokesperson for the Supreme Court confirmed that the opinion in the cases has not yet been released and that the document uploaded to the website was done so inadvertently and briefly. The opinion, as reported by Bloomberg, is per curiam, or by the court, with Justice Elena Kagan authoring a concurring opinion. Kagan’s opinion stated that the decision will prevent Idaho from enforcing its abortion ban when necessary to prevent serious harm to a woman’s health. Justice Amy Coney Barrett also issued a concurring opinion joined by Chief Justice John Roberts and Justice Brett Kavanaugh, expressing uncertainty about the scope of the dispute in the case.
Justice Alito, in his dissent, accused the majority of doing an “about-face” and losing the will to decide the emotional and politicized question presented in the case. The dispute was the first in which the Supreme Court reviewed a state law outlawing abortions, with Idaho’s measure allowing abortions only in limited circumstances. The Biden administration argued that federal law requires hospitals to provide emergency care, including abortions, to patients with an emergency medical condition. Idaho officials, however, argued that federal law cannot displace a state’s own restrictions on the procedure.
The Supreme Court heard arguments in the case in April, and the ruling is among the most closely watched of the term. The case involves a clash between Idaho’s abortion law and a federal law requiring hospitals to provide emergency care, including abortions. The final decision in the case will have significant implications for women’s access to abortion and the intersection of state and federal law on this issue. The uploaded document on the Supreme Court’s website provided a glimpse into the court’s potential decision, with Justices on both sides offering differing opinions on the matter. The decision in the case is eagerly awaited by both supporters and opponents of abortion rights.
