The US Supreme Court's ruling on Thursday (June 27) allowing abortions for women facing medical emergencies in Idaho — for now — despite the state's near-total ban on the procedure does nothing to lift the confusion in many states surrounding when emergency abortions are permissible, according to legal experts.
Anti-abortion and abortion rights protestors demonstrate on the anniversary of the decision by the United States Supreme to overturn Roe v. Wade, outside the US Supreme Court, in Washington, US, June 24, 2024.
But the Supreme Court did not address any of those issues, instead dismissing the case and sending it back to a lower court. "Today's Supreme Court decision is a setback, but our fight for babies and moms continues," Susan B. Anthony Pro-Life America state policy director Katie Daniel said. A federal judge blocked the law, allowing emergency abortions to continue in the state. But the Supreme Court issued an emergency order allowing Idaho to enforce the ban again when it agreed to hear the state's appeal in January.
Other lawsuits over emergency abortions will not be affected. Those include cases over interpreting state law in North Dakota, Indiana and Tennessee, as well as a Texas lawsuit over whether EMTALA overrides that state's ban. The New Orleans-based 5th US Circuit Court of Appeals ruled in favour of Texas in that case, and the Biden administration has asked the Supreme Court to review that decision as well.
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