Supreme Court Restores Federal Protections for Abortion in Idaho, but Not Texas

The U.S. Supreme Court declined to rule on the clash between Idaho's near-total abortion ban and a federal law requiring hospitals to provide stabilizing care, dismissing the case as "improvidently granted."

Background:

• Idaho and Texas have near-total abortion bans with narrow exceptions.
• The Biden administration clarified that the federal Emergency Medical Treatment and Labor Act (EMTALA)requires hospitals to terminate pregnancies when a patient's life or health is at risk, superseding state laws.
• The Texas AG sued and the 5th Circuit Court agreed, blocking the guidance. Idaho's federal court paused its abortion ban, requiring hospitals to terminate pregnancies to protect health.
• The Supreme Court's decision:
  • Restores the Idaho lower court's order, protecting abortion access there.
  • Doesn't address Texas**, leaving its ban and guidance suspension in place** pending further review.

"It's a temporary reprieve for pregnant people in Idaho. It's not a win for abortion rights," - University of Texas law professor Elizabeth Sepper

• The DOJ has asked the Court to review the Texas decision, but it might not happen until October, if at all.
• Critics argue the Court is avoiding abortion cases ahead of the elections, after also dismissing a case on abortion medication standing.
• A "mistake" admission from Justice Kagan: Idaho airlifted pregnant women out of state every 2 weeks due to the suspended guidance.

This decision highlights the impact of judicial delays and mistakes on lives, with abortion access now varying by state.