The Supreme Court acknowledged on Wednesday that it had inadvertently posted a document related to a pending abortion case involving Idaho's strict abortion ban. Although the document was quickly removed, Bloomberg Law obtained a copy before it was taken down. This incident has reignited discussions about the confidentiality and security protocols of the nation's highest court.
Patricia McCabe, a spokeswoman for the Supreme Court, confirmed the accidental upload, stating, "A document was inadvertently and briefly uploaded to the court website, but the ruling has not been released." While NBC News has not seen the document and cannot independently verify its contents, Bloomberg reported that the document suggests the court is poised to allow emergency room doctors in Idaho to perform abortions in specific situations.
According to Bloomberg, the court appears likely to dismiss the appeal brought by Idaho officials, effectively allowing a lower court ruling in favor of the Biden administration to take effect. This decision would mean that the federal mandate requiring emergency medical treatment, including abortions under certain circumstances, would override Idaho's stringent abortion restrictions. Notably, conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch reportedly object to this conclusion.
The case centers on whether the federal Emergency Medical Treatment and Labor Act (EMTALA) overrides Idaho's abortion ban. The Biden administration argues that EMTALA, which mandates appropriate emergency room care, should include abortions when a woman's health is at risk, even if her life is not immediately threatened. Idaho's law imposes severe criminal penalties for performing abortions, including up to five years in prison, and allows for the revocation of medical licenses.
In January, the Supreme Court had blocked the lower court ruling and allowed Idaho to fully enforce its abortion law while agreeing to hear oral arguments. If the court dismisses the appeal, it leaves the broader legal question unresolved, setting the stage for future legal battles in other states with similar abortion restrictions.
Justice Ketanji Brown Jackson reportedly wrote a separate opinion expressing disappointment that the court did not address the larger issue. "Today's decision is not a victory for pregnant patients in Idaho. It is a delay," Jackson wrote, according to Bloomberg. "While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires."
The accidental posting is a significant misstep for the Supreme Court, especially considering the 2022 leak of Justice Samuel Alito's draft opinion in Dobbs v. Jackson Women's Health Organization, which ultimately overturned Roe v. Wade. That incident led to increased scrutiny and calls for enhanced security measures around the court's opinion drafting and release processes.
As the Supreme Court nears the end of its current term, with rulings expected on Thursday and Friday, this case remains one of 12 argued cases yet to be decided. The implications of the court's decision, whether now or in future related cases, will have profound impacts on the legal landscape of abortion rights in the United States.
The Biden administration had previously sued Idaho, leading to a federal judge blocking the state from enforcing certain provisions of its abortion ban that conflicted with EMTALA. The administration's stance is that the federal law requires hospitals to provide necessary stabilizing treatment, which can include abortion in specific emergency situations.
