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Bloomberg has a scoop!
The US Supreme Court is poised to allow abortions in medical emergencies in Idaho, according to a copy of the opinion that was briefly posted on the court’s website.
The decision would reinstate a lower court order that had ensured hospitals in the state could perform emergency abortions to protect the health of the mother. The briefly posted version indicated the majority will dismiss the case as “improvidently granted.”
Bloomberg Law obtained a copy of the opinion that appeared briefly on the court’s website as the justices were issuing two other opinions Wednesday morning. The copy of the opinion isn’t necessarily the final ruling, given that it hasn’t been released.
The Supreme Court’s press office didn’t immediately respond to a request for comment on this inadvertent release.
This morning I was clicking reload as the opinions were coming down, but I missed this. The link must have been there momentarily.
This is a huge error on the Court’s part. For all of the post-Dobbs security measures, this was a self-own. They usually hold all of the DIGs for the last day of the term, but this one came prematurely.
The Court’s order from January stated:
The stay shall terminate upon the sending down of the judgment of this Court. VIDED.
Is a cert denial akin to “sending down” a judgment?
In any event, a DIG here is another victory for the Biden Administration.
This is the case of Moyle v. U.S. which is one of the remaining opinions we are waiting for.
Moyle v. U.S., No. 23-726 [Arg: 4.24.2024]
Issue(s): Whether the Supreme Court should stay the order by the U.S. District Court for the District of Idaho enjoining the enforcement of Idaho’s Defense of Life Act, which prohibits abortions unless necessary to save the life of the mother, on the ground that the Emergency Medical Treatment and Labor Act preempts it.