SCOTUS Temporarily Allows Emergency Abortions in Idaho

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Facts

  • The US Supreme Court (SCOTUS) on Thursday issued a brief, unsigned opinion reinstating a lower court's ruling that had suspended Idaho's near-total ban on abortions in that state.1
  • After the 6-3 vote, Idaho hospitals that receive federal funds can resume providing emergency abortions. As this was a procedural ruling that didn't decide the constitutionality of the law, this issue could be brought back to the court soon.2
  • A concurring opinion written by Justice Amy Coney Barrett, joined by Chief Justice John Roberts and Justice Brett Kavanagh, said SCOTUS 'improvidently granted' certiorari to the consolidated cases — Moyle v. US and Idaho v. US.3
  • But in their dissent, Justice Samuel Alito and Justice Clarence Thomas questioned the decision, saying SCOTUS stayed the preliminary injunction pending appeal earlier this year and then granted certiorari before the appeal was heard. They wrote that 'nothing legally relevant' has changed since these actions were taken.3
  • This decision became public one day after it was 'inadvertently and briefly uploaded' to the SCOTUS website before being taken down.4

Sources: 1New York Times, 2Associated Press, 3FOX News and 4USA Today.

Narratives

  • Republican narrative, as provided by PJ Media. This is a temporary win for the Biden administration and Democrats. But their continued insistence that harming the unborn is part of women's healthcare — despite the negative impact abortion has on a woman — won't keep winning. Eventually, this case will wind its way back to SCOTUS, which will be forced to rule, and there's a strong chance it will come down on the side of promoting life.
  • Democratic narrative, as provided by Slate. Women in Idaho and other Republican-led states can breathe a sigh of relief that those states' draconian abortion-restricting laws are in jeopardy. But one has to worry that SCOTUS has pushed this decision beyond the November elections to protect Republicans, and shortly later, it will allow these laws to take effect. Those concerned about women's rights and health must continue to fight.

Predictions