The Supreme Court on Thursday issued a ruling that will allow emergency abortion access in Idaho, for now, despite the state’s strict ban on the procedure.
The court dismissed the case without considering the core issues, instead sending it back to the lower courts for further proceedings.
The move reinstates a federal district court’s ruling that a federal law requiring emergency rooms to provide stabilizing care to all patients preempts Idaho’s abortion ban when a women’s health is at risk.
The Supreme Court, June 26, 2024, in Washington, D.C.
Anna Rose Layden/Getty Images
Idaho’s Defense of Life Act, enacted in 2022 after the fall of Roe v. Wade, prohibits nearly all abortions with exceptions only in cases of rape, incest or to prevent the death of the mother.
The Biden administration argued before the court the law is conflict with the Emergency Medical Treatment and Labor Act, or EMTALA, which requires hospitals receiving Medicare funds to provide “necessary stabilizing treatment.”
The case marked the first time the court heard a case regarding state-level abortion restrictions passed after its conservative majority struck down Roe. Since then, 21 states have successfully enacted restrictions or bans on abortion and 14 of those states have total bans with few exceptions.
Justice Samuel Alito criticized the court dismissing the case, stating he would have ruled against the government’s preemption argument.
“Apparently, the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents. That is regrettable, ” Alito wrote in a dissent joined by Justices Clarence Thomas and Neil Gorsuch.
This is a developing story. Please check back for updates.