Supreme Court Tech Glitch Offers Glimmer Of Hope In Abortion Jurisprudence
Sure, it's the bare minimum, but that's where the bar is these days.
Is it possible that post-Dobbs Supreme Court jurisprudence on abortion isn’t the absolute worst? Bloomberg Law is reporting that earlier today, the decision in Moyle v. United States, Idaho v. United States was inadvertently published on the Supreme Court’s website.
The Supreme Court just can’t help but leak abortion cases, can it?
The case is about the conflict between an Idaho state law banning abortions and the federal Emergency Medical Treatment and Labor Act. According to Bloomberg’s report, pregnant people in Idaho will still be able to access emergency abortions:
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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.”
What a small victory for maternal health, but an important one. The bar for reproductive justice is in the toilet since the Supreme Court un-did 50 years of precedent, and this (if true) counts as cause for celebration.
Of course, a grain of salt is necessary. No decisions are final until officially released by the Court.
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UPDATE: Read the leaked decision below.
leaked opinion
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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