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Abortion Idaho
U.S. Health Secretary Xavier Becerra, right, listens as Jillaine St. Michel, a patient who was forced to travel to Seattle to access an abortion speaks during a conversation with local patients and providers who have been impacted by Idaho's abortion restrictions held at the Linen Building in Boise, Idaho, Wednesday, June 26, 2024. (AP Photo/Kyle Green)

Justices seem set to allow emergency abortions in Idaho for now, a prematurely posted opinion says

The Supreme Court appears poised to allow emergency abortions in Idaho when a pregnant patient’s health is at serious risk, as a legal case plays out

By Lindsay Whitehurst
Published - Jun 26, 2024, 05:58 PM ET
Last Updated - Jun 26, 2024, 05:58 PM EDT

WASHINGTON (AP) — The Supreme Court appears poised to allow emergency abortions in Idaho when a pregnant patient’s health is at serious risk, according to a copy of the opinion briefly posted on the court's website Wednesday and obtained by Bloomberg News.

The document suggests the court will find that it should not have gotten involved in the case over Idaho's strict abortion ban so quickly. By a 6-3 vote it would reinstate a lower court order that had allowed hospitals in the state to perform emergency abortions to protect a pregnant patient’s health.

Such an outcome would leave the issues at the heart of the case unresolved. It would also mean key questions remain unanswered, Justice Ketanji Brown Jackson wrote in a concurrence.

“Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote.

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