Leaked Supreme Court document indicates emergency abortion protection in Idaho

June 26, 2024

An attendee at an abortion rights rally holds a sign outside the Idaho Capitol on May 14. The U.S. Supreme CourtÂ’s reversal of Roe v. Wade and Planned Parenthood v. Casey, two landmark abortion cases, triggers a law in Idaho that bans most abortions.

REUTERS/ Abaca Press

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.

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Malawi soldiers part of the Southern African Development Community (SADC) military mission for eastern Congo, wait for the ceremony to repatriate the two bodies of South African soldiers killed in the ongoing war between M23 rebels and the Congolese army in Goma, North Kivu province of the Democratic Republic of Congo February 20, 2024.

REUTERS/Arlette Bashizi

Fighters from the M23 rebel group in northeastern Congo have been targeting civilians in violation of a July ceasefire agreement, according to the Southern African Development Community, whose peacekeeping mandate was extended by a year on Wednesday.

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