Court appears to dismiss Idaho’s emergency abortion ban, leaving federal protection in place

SCOTUS NEWS

The two cases heard in April concern whether Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, is preempted by the Emergency Medical Treatment and Labor Act. (Katie Barlow)

Bloomberg News has reported that the Supreme Court accidentally posted an opinion on the website indicating that the justices are poised to allow emergency abortions to go forward in Idaho. The court’s Public Information Office has indicated that the opinion in a pair of cases, Moyle v. United States and Idaho v. United States, were “inadvertently and briefly uploaded” to the court’s website.

Bloomberg’s Kimberly Robinson, Greg Stohr, and Lydia Wheeler suggest that the court is dismissing the case without ruling on the merits, leaving in place a lower court order that bars the state from enforcing its abortion ban to the extent that it conflicts with a federal law, the Emergency Medical Treatment and Labor Act, a 1986 law that requires emergency rooms in hospitals that receive Medicare to provide “necessary stabilizing treatment” to patients who arrive with an “emergency medical condition.”

This article was originally published at Howe on the Court

Recommended Citation:
Amy Howe,
Court appears to dismiss Idaho’s emergency abortion ban, leaving federal protection in place,
SCOTUSblog (Jun. 26, 2024, 1:55 PM),
https://www.scotusblog.com/2024/06/court-appears-to-dismiss-emergency-abortion-ban-leaving-federal-protection-in-place/

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