Mastodawn

#SCOTUS accidentally posts ruling that would allow #emergency #abortions in #Idaho

The #SupremeCourt would allow #EmergencyAbortionCare in ID despite the state’s #AbortionBan, acc/to Bloomberg #Law, which viewed a copy of a not-yet-released opinion that was briefly posted on the court’s website Wed.

#law #AbortionIsHealthCare #EmergencyAbortions #ReproductiveHealthCare #WomensHealth #ReproductiveRights #BodilyAutonomy #BansOffOurBodies
https://www.washingtonpost.com/politics/2024/06/26/supreme-court-emergency-abortions-idaho-decision/

Supreme Court would allow emergency abortions for now, early opinion says

The prematurely published decision says Idaho hospitals may perform emergency abortions to stabilize patients while litigation on the matter continues.

The Washington Post

Nonilex Jun 26, 2024

The decision, which has not been announced by the court, would mean that #hospitals could perform #EmergencyAbortions to stabilize patients w/o being subject to prosecution under Idaho’s #AbortionBan. It would be at least a temporary victory for the #Biden admin, which has struggled to protect #AbortionAccess since the high court overturned #RoeVWade 2 yrs ago. 
#law #SCOTUS #AbortionIsHealthCare #ReproductiveHealthCare #WomensHealth #ReproductiveRights #BodilyAutonomy #BansOffOurBodies

Nonilex Jun 26, 2024

Acc/to Bloomberg, #SCOTUS’ ruling would dismiss the case as “improvidently granted,” meaning that after oral argument, the justices found problems w/resolving the issue.
 It is extremely rare — perhaps unprecedented — for a #SupremeCourt ruling to be posted on the court’s website before the ruling is issued, & it is possible that the document that was posted could differ from the opinion when it is announced.

#law #abortion #AbortionIsHealthCare #WomensHealth #ReproductiveRights #BodilyAutonomy

Nonilex Jun 26, 2024

“The Court’s Publications Unit inadvertently & briefly uploaded a document to the Court’s website,” spox Patricia McCabe said in a statement. “The Court’s opinion in Moyle v. United States & #Idaho v. United States will be issued in due course.”
 The version of the opinion inadvertently posted Wednesday may not be the final decision.

#law #SCOTUS #abortion #AbortionIsHealthCare #ReproductiveHealthCare #WomensHealth #ReproductiveRights #BodilyAutonomy #BansOffOurBodies

Nonilex Jun 26, 2024

The decision would reinstate a lower court order that had ensured #hospitals in #Idaho could perform #EmergencyAbortions to protect the #health of the mother. The briefly posted version indicated the majority will dismiss appeals by Idaho & #Republican leaders in the state without resolving the core issues in the case.

#law #SCOTUS #abortion #AbortionIsHealthCare #ReproductiveRights
https://www.bloomberg.com/news/articles/2024-06-26/us-supreme-court-poised-to-allow-emergency-abortions-in-idaho

Bloomberg - Are you a robot?

Nonilex Jun 26, 2024

Here is a copy of the *accidentally* posted #SCOTUS ruling on #MoyleVUnitedStates - the case on whether an #Idaho #abortion #law conflicts w/ the federal Emergency Medical Treatment & Active Labor Act (#EMTALA)

https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/rJo5436tVr08/v0

Justice #KetanjiBrownJackson’s opinion, concurring in part & dissenting in part, begins on p8.

#AbortionBan #AbortionIsHealthCare #ReproductiveHealthCare #WomensHealth #ReproductiveRights #BodilyAutonomy #Politics

Nonilex Jun 26, 2024

Prof Melissa Murray commented that this ultra #RightWing #SCOTUS may be aware of the fact that their #Dobbs decision had an enormous impact on the 2022 elections & not in favor of their preferred candidates, & so they are hoping to temper that same effect on the #2024election by seeming more moderate on #abortion. Which would be crazy #unethical. Basing decisions on #politics not #law.

Also, w/this accidental leak, the country isn’t talking about them procrastinating on #Trump’s #immunity case.

Nonilex Jun 26, 2024

From #SCOTUS Justice Jackson’s opinion:

“We cannot simply wind back the clock to how things were before the Court injected itself into this matter. Our intervention has already distorted this litigation process. We permitted #Idaho's #law to go into effect by staying the District Court's injunction in the first place, then allowed this matter to sit on our #merits docket for 5 months while we considered the question presented.
1/
#abortion #AbortionIsHealthCare #WomensHealth #ReproductiveRights

Nonilex Jun 26, 2024

“It is too little, too late for the Court to take a mulligan & just tell the lower courts to carry on as if none of this has happened. As the old adage goes: The Court has made this bed so now it must lie in it—by proceeding to decide the #merits of the critical pre-emption issue this case presents.”

- #SCOTUS Justice #KetanjiBrownJackson

2/
#law #abortion #AbortionIsHealthCare #WomensHealth #ReproductiveRights

Nonilex Jun 26, 2024

“We have granted certiorari & heard argument. We have had ample opportunity to consider the issues. The parties were well represented on both sides, & dozens of amici have weighed in.…The necessary #legal reasoning is straightforward, & the answer to the question presented is…clear: #IdahoLaw prohibits what #FederalLaw requires, so…under the #SupremacyClause, #Idaho's #law is pre-empted.…There is simply no good reason not to resolve this conflict now.”

- #SCOTUS Justice #KetanjiBrownJackson

3/

Nonilex Jun 26, 2024

“Despite clarity of the #legal issue & the dire need for an answer…,today 6 Justices refuse to recognize the rights #EMTALA protects.…The majority opts, instead, to dismiss these cases. But storm clouds loom….3 Justices suggest…that #States have free rein to nullify #FederalLaw.…& 3 more decline to disagree w/those dissenters on the #merits.…The latter group offers only…that 'petitioners have raised a difficult & consequential argument' about Congress's authority under the Spending Clause.…

4/

Nonilex Jun 26, 2024

“So, as of today, the Court has not adopted #Idaho's farfetched theories-but it has not rejected them either.
“Instead, the Court puts off the decision. But how long must pregnant patients wait…? Until we confront the pending petition…the Govt filed w/us after the #FifthCircuit enabled Texas's flouting of #EMTALA? Until these very cases return to us in a few yrs? Will this Court…have a do-over, rehearing & rehashing the same arguments…,just at a comparatively more convenient point in time?

5/

Nonilex Jun 26, 2024

“Or maybe we will keep punting on this issue altogether, allowing #chaos to reign wherever lower courts enable #States to flagrantly undercut #FederalLaw, facilitating the suffering of people in need of urgent #medical treatment.”

- #SCOTUS Justice #KetanjiBrownJackson

6/6
#law #abortion #AbortionIsHealthCare #WomensHealth #ReproductiveRights

Nonya Bidniss 🥥🌴Jun 26, 2024

@Nonilex She is on fire.

"...at a comparatively more convenient point in time"

They're obviously waiting for the November election to be behind them. They fear their Republican nominee would lose even more votes if they upheld Idaho

Nonilex Jun 27, 2024

@iuculano exactly

Ms. Missy Jun 26, 2024

@Nonilex
I get the feeling that Justice Jackson has had enough of the political RW hackjob fuckery this court routinely engages in.

Ms. Missy Jun 27, 2024

@Nonilex Justice KBJ has had it.

LittleGoatGirl Jun 26, 2024

@Nonilex you forgot the parenthesis around "accidental"...

Jennifer Jun 26, 2024

@Nonilex no matter what they do or say nothing will make them less corrupt and illegitimate.

Urzl Jun 26, 2024

@Nonilex It feels like a really good opportunity to talk about how the timing of the decision is intentional and politically motivated just like this leak and this decision was.

If the court can leak this to save the GOP candidates it wants to protect, it sure as hell could have told us their decision on Trump's immunity already and the choice to wait is transparently political.

Aviva Gary Jun 26, 2024

@gooba42 @Nonilex This ^

Aviva Gary Jun 26, 2024

@Nonilex Then she would be correct... but that also proves they know they are unpopular and they know they are wrecking the everything...

SearingTruth Jun 27, 2024

"Since World War II being an American has been easy.

We had defeated our enemies from without, and rested in the comforting knowledge that our Constitution would prevent attacks from within.

But we were wrong.

In truth the one most powerful position in our government was left dependent upon the honor system.

And a patriotic president.

So that when we elected an autocratic unpatriotic dishonorable president, there were no clear constitutional laws to constrain him."
SearingTruth

My Head’s Exploding 🤯 💥Jun 27, 2024

@Nonilex AKA ‘throwing a bone’. 🤬🤯

Deb has moved! (see profile) 🇨🇦Jun 26, 2024

@Nonilex sadly, since no doctor can prove the abortion they provided averted the dire outcomes specified, doctors are still caught in a bind. I can't imagine most would risk it 😡

This looks like window dressing to me. 💩

Urzl Jun 26, 2024

@Nonilex Release them immediately as they're ready, anything less is manipulating people for political gains.

Pusher of Pixels Jun 26, 2024

@Nonilex Bloomberg had an article that says they are basically reversing Cert. That they shouldn't have taken this case.

Is there a layman's explanation for what that means legally/for precedent?

Nonilex Jun 26, 2024

@pixelpusher220
Cert is short for “Certiorari” & simply defined is a “writ” by which a higher court (such as an appellate court) reviews some lower court’s decision (such as a district court).

In this case, the lower court (Federal District Court of Idaho) had ruled to allow emergency abortions by granting a preliminary injunction.

That decision was appealed & the U.S. Court of Appeals for the Ninth Circuit granted a stay on the injunction pending appeal to SCOTUS.

Nonilex Jun 26, 2024

@pixelpusher220 in terms of “precedent” a case is not decided per se until all appeals are resolved.

Amanda Hugankiss Jun 26, 2024

@Nonilex A few slip ups in recent times have released court material publicly early. Suspecting it may be deliberate.