Leaked Supreme Court document indicates emergency abortion protection in Idaho

A draft opinion mistakenly posted to the Supreme Court’s website on Wednesday indicated the justices plan to allow for emergency abortions in Idaho and to dismiss Boise’s appeal. The court later released a statement saying no final decision has been issued, but if the leaked decision holds, it could be a sign conservatives are seeing the need to moderate on abortion.

This doesn’t mean abortion will be federally legal again. By dismissing the case, the justices are punting on the question, but it does mean women in Idaho whose health may be threatened by pregnancy-related issues can get an abortion. The case will not affect other states that have implemented limits or bans on abortion care.

Abortion-related leaks are becoming a pattern. The court’s decision in the case that overturned Roe v. Wade and removed federal abortion protections was also leaked early in 2022 (also an election year), to Politico in that instance. Could it could be a symptom of an increasingly politicized court? Leaking an inflammatory opinion may help politicians rally their bases in the runup to Election Day.

We’re watching for how this decision plays into the rhetoric around abortion at tonight’s presidential debate, and whether it has a measurable effect in November.