Dear Friend,
I wanted to make sure you heard this news.
Earlier today, the U.S. Supreme Court erroneously — and briefly — posted an opinion on the court’s website that seems to indicate that the court will temporarily allow abortions in medical emergencies in Idaho.
This opinion, first reported by Bloomberg News, concerns litigation involving the Emergency Medical Treatment and Active Labor Act, or EMTALA, which requires doctors to stabilize or treat any patient who shows up at an emergency room.
To provide additional background: the Justice Department sued Idaho over its abortion ban, which allows a woman to get an abortion only when her life — not her health — is at risk. Idaho doctors say they were unable to provide the stabilizing treatment the federal law requires and that is typically standard of care, prompting them to airlift at least a half-dozen pregnant patients to other states since Idaho’s law took effect in January.
This accidentally leaked document suggests that a 6-3 ruling from the court will reinstate a lower court’s order to allow Idaho emergency rooms to provide abortions that save a woman’s health as the broader legal case plays out.
It is still being determined if the inadvertently released opinion is the final version or whether the justices are still wrangling about what to say. If the 6-3 opinion holds, the court, with three conservatives — Chief Justice John Roberts, and Justices Brett Kavanaugh and Amy Coney Barrett — and three liberals — Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — in the majority, will dismiss the appeal from Idaho without considering the core issues in the case. Dissenting were Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas.
Some folks have been celebrating this preliminary decision as a victory for reproductive rights. I want to be clear — this is not a victory. This is a delay.
Justice Jackson stated this clearly in her opinion: “Today’s decision is not a victory for pregnant patients in Idaho. It is delay. While this court dawdles, pregnant people in emergencies remain in a precarious position, as their doctors are left uncertain about the law.”
In fact, we can expect another EMTALA case to come before the Supreme Court, and I would not be surprised if this leak (and decision) were designed to give former President Trump cover on how extreme his SCOTUS appointees are. Especially as he enters the debate stage tomorrow.
We will continue to keep you posted on abortion-related news and information. If you haven’t done so, please support the Yes On Four campaign to codify reproductive freedom here in the Sunshine State this November.
Onward,
Rep. Anna V. Eskamani