The Supreme Court announced a ruling allowing abortions in the event of a medical emergency in the state of Idaho last Thursday. The decision was made due to Idaho state laws conflicting with the Emergency Medical Treatment and Labor Act. This federal law requires public access to medical services in life-threatening situations.
The decision, accidentally posted to the court’s website a day early, did not come as a surprise when it was officially announced. Supreme Court spokeswoman Patricia McCabe confirmed the mix-up, saying the document was “inadvertently and briefly uploaded” before the formal release.
The verdict arrived two years after Roe v. Wade was overturned in the US, ending the constitutional right to an abortion. Idaho has seen some of the strictest abortion bans enforced since this ruling, being one of 14 states that prohibit the treatment in almost every circumstance.
Idaho Statutes state that any medical professional who conducts an abortion may temporarily or permanently lose their license, serve 2-5 years of jail time, and be charged with a felony. While this still stands in the case of abortions considered to be non-medically essential, the Supreme Court’s new ruling allows for more leeway on the matter.
Despite this new verdict, the Supreme Court ultimately dismissed the case, sending it back to lower courts for further proceedings.
Justice Elena Kagan commented on the disparity between Idaho’s strict stance on abortion and the federal law. “What falls in the gap between them are cases in which continuing a pregnancy does not put a woman’s life in danger but still places her at risk of grave health consequences, including loss of fertility. In that situation, federal law requires a hospital to offer an abortion, whereas Idaho law prohibits that emergency care. And the record shows that, as a matter of medical reality, such cases exist.”
Idaho Attorney General Raúl Labrador takes an opposing stance, condemning the Biden administration for suing Idaho over the conflicting state and federal laws: “We look forward to ending this administration’s relentless overreach into Idahoans’ right to protect and defend life.” The decision remains temporary while litigation continues regarding the case.
Alison Cranney can be reached at [email protected]