Health Care — Accidentally posted ruling would allow emergency abortions in Idaho

Presented by Express Scripts by Evernorth — Justices appear set to allow Idaho doctors to resume performing abortions in medical emergencies

View Online Health Care Health Care PRESENTED BY   The Big Story  Supreme Court appears poised to allow emergency abortions in Idaho  Justices appear set to allow Idaho doctors to resume performing abortions in medical emergencies, according to Bloomberg, which cited a draft opinion accidentally posted online for a short period Wednesday morning.   © Getty The opinion text posted by Bloomberg indicates the majority will dismiss the case as improvidently granted, which would enable doctors in Idaho to perform emergency abortions despite state-level restrictions. The Hill has not independently verified the document.   In a brief statement, the court acknowledged that a document had been "inadvertently" posted on its website, reiterating that an opinion on the Idaho case has not officially been made public.    The court is mulling whether a federal emergency care law trumps Idaho's law that bans abortion in nearly all circumstances, except when a woman's life is in danger.   The Biden administration argued that even in states where abortion is banned, federal law says hospitals must be allowed to terminate pregnancies in rare emergencies where a patient's life or health is at serious risk.     The opinion shows the court split 6-3 in favor of lifting its previous stay that enabled Idaho's restrictions to go into effect. Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.     The Supreme Court issued an emergency action months ago that paused the lower court ruling, prior to hearing arguments in the case in April.   If the decision is accurate, it would mark a temporary victory for the Biden administration, which has struggled to protect abortion access since the high court overturned Roe v. Wade two years ago.     Dismissing the appeal from Idaho won't resolve the legal questions and will merely send the case back to the appeals court instead of rushing it through to the highest level.    It would also mark the second time that the justices have deflected ruling on the merits of abortion this term. A lawsuit regarding access to mifepristone was dismissed earlier this month due to lack of standing from the plaintiffs.  Welcome to The Hill's Health Care newsletter, we're Nathaniel Weixel and Joseph Choi — every week we follow the latest moves on how Washington impacts your health. Did someone forward you this newsletter? Subscribe here. Essential Reads  How policy will be impacting the health care sector this week and beyond: Forced labor designation for Cuban doctors highlights rift over sanctions The Biden administration formally accused Cuba of profiting from forced labor on Monday, two months after President Biden signed a spending bill that requires the State Department to impose sanctions on third-country officials who hire Cuban work brigades. 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Goldman, University Professor of Public Policy, Pharmacy & Economics, University of Southern California Dr. Jennifer Ellis, co-chair, Health & Public Policy Committee, Association of Black Cardiologists & Cardiac Surgeon Daneen Sekoni, VP, Policy & Advocacy, Cancer Support Community Click here to RSVP On Our Radar  Upcoming news themes and events we're watching: The House Ways and Means Committee holds a markup Thursday of legislation to allow Medicare coverage of certain obesity medications, among other health bills  A MESSAGE FROM EXPRESS SCRIPTS BY EVERNORTH Reimagining what's possible for the pharmacy benefit  Express Scripts by Evernorth redefines savings and transparency with clear prescription cost breakdowns. Learn more. 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