‘Doctors have to shut their eyes to everything except death’: Supreme Court appears split during intense fight over state abortion ban in emergency situations

Left to right: An attendee at Planned Parenthood

Left: An attendee at Planned Parenthood’s “Bans Off Our Bodies” rally for abortion rights holds a sign outside of the Idaho Statehouse in downtown Boise, Idaho, May 14, 2022. (Sarah A. Miller/Idaho Statesman via AP). Center: The U.S. Supreme Court 2011 file photo. (AP Photo/J. Scott Applewhite). Right: A doctor performs an ultrasound scan on a pregnant woman on Aug. 7, 2018, at a hospital in Chicago. (AP Photo/Teresa Crawford)

On Wednesday, the U.S. Supreme Court “inadvertently and briefly uploaded” a document to its website that appears to be a decision allowing emergency abortions to continue in the state of Idaho on a temporary basis.

The posting on the high court’s website was first reported by Bloomberg but Supreme Court spokeswoman Patricia McCabe told NBC News that the decision for Moyle v. United States and Idaho v. United States “has not been released.”

“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 released in due course,” she said.

There is a “notice” at the top of the document leaked Wednesday that says it is “subject to formal revision before publication.”

Since it is not official, the document does not have the power of law. This is the second time that a ruling related to abortion has leaked from the Supreme Court in as many years. The justices’ decision in Dobbs v. Jackson Women’s Health to overturn the guaranteed right to an abortion was leaked in May 2022 and published first by Politico, as Law&Crime reported. When that ruling was officially issued by the court in June 2022, the reporting lined up with the contents of the decision. An investigation never determined the source of the leak.

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