Supreme Court Briefly Posted Document Online, Siding with Biden Administration in Abortion Case

Supreme Court Briefly Posted a Document Online Siding with Biden Administration Abortion Case

By Jackelyn Cornejo , Parent Herald Jun 27, 01:32 am

Photo: (Photo : Anna Moneymaker/Getty Images )

The Supreme Court admitted that it had unintentionally posted a document online on Wednesday connected to a pending abortion case, which Bloomberg Law acquired a copy before it was erased from the website.

Supreme Court Confirms Briefly Uploading Document Online

Patricia McCabe, the Supreme Court spokeswoman, verified that the document was "inadvertently and briefly uploaded" to the court's website but explained that the ruling has yet to be released.

Bloomberg also shared a copy of the document. However, another source could not specifically confirm it. It is unclear whether it was a draft decision, the actual decision, or neither.

According to Bloomberg, the court has set to allow emergency room doctors in Idaho to execute abortions in certain circumstances and is possibly to dissolve an appeal brought by Idaho officials, permitting a lower court ruling in favor of the Biden administration to be re-established.

Justice Samuel Alito, in a dissenting opinion joined by Justices Clarence Thomas and Neil Gorsuch, argued that the court should not have dismissed the case.

In January, the Supreme Court blocked the lower court ruling and allowed Idaho to enforce its abortion lawfully while agreeing to hear oral arguments. Other provisions of the ban are already in effect and will remain unaffected by the ruling.

The case involves whether a federal law regulating emergency room treatment supersedes Idaho's strict abortion ban. Dismissing the appeal would leave this legal question unresolved.

Justice Ketanji Brown Jackson wrote separately, stating that the court should have addressed the broader issue, which is likely to arise in another case soon and affect other states with similar abortion restrictions. She expressed that the decision is merely a delay for pregnant patients in Idaho, who remain in a precarious position due to unclear legal requirements for their doctors.

In a separate opinion, Justice Amy Coney Barrett explained her vote to dismiss the case, citing a "miscalculation" in taking it up before an appeals court had reviewed it. She noted that both sides had altered their legal arguments upon reaching the high court, contributing to the confusion.

Idaho's Law Penalizes Healthcare Professionals Who Perform Abortion

Idaho's law enforces criminal penalties, including up to five years in prison, on anyone executing an abortion, and healthcare professionals found in violation can lose their licenses.

The federal government sued, leading a federal judge in August 2022 to block the state from enforcing provisions under the federal Emergency Medical Treatment and Labor Act (EMTALA), which mandates appropriate emergency room care, including abortions in certain situations where a woman's health is at risk.

The Supreme Court is expected to issue rulings on Thursday and Friday as it concludes its current term, with the abortion case being one of 12 argued cases yet to be decided.

Planned Parenthood President Alexis McGill Johnson said the Supreme Court missed the chance to affirm EMTALA's protection of emergency abortions nationwide.

The early posting is a notable error for the Supreme Court, which has increased security around opinion drafting and releases since a 2022 leak of Justice Samuel Alito's pivotal opinion in Dobbs v. Jackson Women's Health, overturning Roe v. Wade.