The Supreme Court has sent Idaho v. United States back to the lower courts, allowing emergency abortions to proceed in the meantime.

From National Review. U.S. hospitals will continue to be able to perform emergency abortions, even in states with strict abortion bans, after the Supreme Court voted to dismiss Idaho’s challenge to a federal law regarding hospital care that some conservatives say is being intentionally twisted by the Biden administration.

View Comments (3)

Let the IFA community know how to pray for you.

In a 6-3 ruling on Thursday, the Court punted its decision in Moyle v. United States and Idaho v. United States back to the lower courts for further litigation. That means that for now, emergency-room doctors will still be able to perform abortions even in cases where the mother’s life isn’t threatened and in states where abortion is otherwise not permitted.

The two cases pit Idaho’s near-total abortion ban against a federal law that requires hospitals in the state to perform emergency abortions even in cases where a woman’s life isn’t threatened but where she faces “grave harm,” including loss of fertility. …

What falls in the gap between Idaho’s law and the federal Emergency Medical Treatment and Active Labor Act “are cases in which continuing a pregnancy does not put a woman’s life in danger, but still places her at risk of grave health consequences, including loss of fertility,” Justice Elena Kagan wrote in a concurring opinion, adding that the “on-the-ground impact” of Idaho’s law was “immediate.” …

In his dissent, Alito suggested that President Joe Biden instructed members of his administration to find ways to limit the reach of the court’s Dobb’s decision, which reversed Roe v. Wade in 2022. He called the federal government’s theory that it can require states to perform emergency abortions when a mother’s life isn’t on the line “plainly unsound.” …

Thursday’s ruling came a day after a copy of the opinion was “inadvertently and briefly uploaded” online, a Supreme Court spokesperson said. …

Share your prayers for the unborn below.

(Excerpt from National Review. Photo Credit: Gayatri Malhotra on Unsplash)