The Supreme Court on Thursday said it would allow emergency rooms in Idaho to carry out abortion procedures despite the state’s ban.
The decision in Moyle v. United States comes just one day after the opinion in the case was inadvertently posted and marks a blow to the six states that have enacted near-total abortion bans with narrow exceptions for life-threatening circumstances for the mother.
In a 6-3 decision, the justices decided to let stay the order of the lower court striking down the Idaho statute, dismissing the state’s petition for redress.
“Federal law and Idaho law are in conflict about the treatment of pregnant women facing health emergencies,” wrote Justice Elana Kagan in her concurrence with the dismissal of the case.
While the justices did not reach the merits of the case, their decision marks a temporary victory for the Biden administration, which has championed access to abortion since the high court overturned Roe v. Wade two years ago. It also comes on the heels of the Supreme Court providing abortion access advocates an effective win by rejecting a separate challenge to federal rules that allow patients to obtain the abortion pill by mail.