The U.S. Supreme Court accidentally posted a draft opinion on Wednesday of a key Idaho abortion case to its website before removing it.
The opinion addresses an apparent conflict between Idaho’s abortion ban and the federal mandate requiring hospitals to perform abortions in emergencies.
The incident is reminiscent of the leak that preceded the release of the Court’s opinion in Dobbs v. Jackson, which overturned the constitutional right to an abortion two years ago this week.
Here is some of what Anders Hagstrom and Bill Mears reported on the incident for Fox News:
Court spokeswoman Patricia McCabe confirmed to Fox News Digital that the opinion has not formally been posted.
“The opinion in Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, has not been released,” she said in a statement. “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”
Bloomberg reported that the version of the opinion posted on Wednesday suggested that the court is prepared to side in the federal government’s favor. If accurate, hospitals in states with abortion bans will be required to administer abortions in emergency situations while the case continues to be litigated. The version of the opinion that was posted said it was premature to decide the case on the merits since lower courts had yet to do so, and that the matter should go back to a federal court of appeals.
Based on oral arguments in April, it was unclear from the public session how the court might eventually decide. Justices Brett Kavanaugh and Amy Coney Barrett asked aggressive questions of both sides.
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