Supreme Court kicks Idaho emergency abortion ban back to lower court

WASHINGTON — The Supreme Court on Thursday released an opinion allowing emergency abortions in Idaho but avoiding the larger question of state abortion bans. It’s the final version of an opinion that was inadvertently released on Wednesday.

The 6-3 decision lifts a stay on a previous court’s order to allow abortions in rare but life-threatening circumstances. The Health and Human Services Department sued Idaho in 2022, arguing that the states’ near-total abortion ban clashed with federal laws to provide stabilizing care in emergency situations. 

A version of the opinion was briefly inadvertently posted on the Supreme Court’s website and spotted by Bloomberg Law. The decision punts the case between HHS and Idaho back to the 9th Circuit Court of Appeals.

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