• A document briefly published on the court’s website, and then removed, suggests that justices will rule that Idaho cannot deny emergency abortions to women whose health is in danger.
• The court acknowledged the opinion was “inadvertently and briefly” published, clarifying that the final decision is yet to be released.
• It comes two years after the leak of the decision to overturn Roe v. Wade, which previously guaranteed national abortion rights.
• Following the overturning of Roe v. Wade, conservative states like Idaho have imposed strict abortion bans. Idaho’s law prohibits abortions at all stages of pregnancy, with very limited exceptions.

Idaho abortions: Supreme Court briefly leaks opinion allowing Idaho abortions

In a surprising development, the US Supreme Court accidentally leaked a significant opinion on abortion rights, suggesting it may be ready to overturn part of Idaho’s near-total abortion ban. The leak indicates that justices will rule against Idaho’s ability to deny emergency abortions to women whose health is in danger.

A document briefly appeared on the court’s website before being swiftly removed. According to this document, initially obtained by Bloomberg, the court’s opinion states that Idaho cannot prevent women from receiving emergency abortions when their health is at risk. The court has since clarified that the publication was “inadvertently and briefly” released and emphasised that the final decision is still pending and will be announced in due course.

This leak comes two years after the court’s controversial decision to overturn Roe v. Wade, which had established a national right to abortion access. The reversal of Roe v. Wade led to a patchwork of abortion laws across the United States, with more conservative states, including Idaho, implementing stringent restrictions on the procedure.

Idaho is among 14 states that have enacted laws banning abortion at all stages of pregnancy, with very limited exceptions. The state has defended its stringent ban by saying that it allows abortions only to save a patient’s life, arguing that there is no legal requirement to expand these exceptions further. Idaho’s attorneys maintain that the state’s law does not conflict with federal regulations.

The leaked court opinion, which Bloomberg published in full, suggests a potential 6-3 ruling. Conservative justices Amy Coney Barrett, John Roberts, and Brett Kavanaugh indicated in the document that the Supreme Court’s involvement in this case was premature, as legal positions on the matter are still evolving.

The court is expected to reinstate an order allowing Idaho hospitals to perform emergency abortions to protect patients’ health. Should this be the case, the legal battle will continue in a federal appeals court, where the future of Idaho’s abortion restrictions will be further contested.