Supreme Court Temporarily Blocks Enforcement of Idaho’s Strict Abortion Ban

Washington — On Thursday, the U.S. Supreme Court issued an order temporarily blocking the enforcement of Idaho’s stringent abortion ban, permitting hospitals to provide emergency abortions when a pregnant woman’s health is seriously at risk. This decision reverses an earlier order that upheld the state’s ban, even in medical emergencies.

The case arose from Idaho’s law, which bans abortions except to save the life of the mother. The Biden administration argued that the federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to offer necessary stabilizing treatment, including abortions, in these circumstances. Initially, the law had been allowed to take effect by the Court.

The Court’s decision was brief and procedural, resulting from an unusual procedural mishap where the opinion was accidentally posted online prematurely. Justices Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts concurred with the dismissal, citing changes in the case’s circumstances, including Idaho’s amendments to its abortion ban.

Liberal justices, including Ketanji Brown Jackson, criticized the delay in providing clarity, emphasizing the precarious position of pregnant women needing emergency care in Idaho. Conservative justices Samuel Alito, Neil Gorsuch, and Clarence Thomas dissented, arguing that the federal law does not mandate hospitals to perform abortions.

The order’s immediate effect means that, for now, Idaho hospitals can provide emergency abortions under federal law. However, the broader issue of state versus federal authority on abortion provisions remains unresolved and is likely to resurface before the Supreme Court.