Leaked Supreme Court opinion indicates Idaho doctors can perform emergency room abortions — for now

A leaked U.S. Supreme Court opinion seems to indicate that emergency room abortions will, at least temporarily, be allowed in Idaho.

The opinion, originally published by Bloomberg News, suggests the court will reinstate a previous ruling allowing emergency rooms to perform abortions as stabilizing care to protect a patient’s health.

Previously, the Supreme Court had allowed for the Idaho abortion ban to be applied as is, which only allows for abortion to “protect the life of the mother.” 

Physicians have said that narrow language makes doctors fearful to perform emergency abortions until the pregnancy complications are actively threatening a mother’s life.

In Idaho, doctors who are found to have violated the state’s abortion ban face up to five years in prison and loss of license.

The court has not released its final decision.