WASHINGTON — The Supreme Court acknowledged Wednesday that it inadvertently posted online a document related to a pending abortion case, which Bloomberg Law obtained before it was removed from the website.
Supreme Court spokeswoman Patricia McCabe confirmed that a document was “inadvertently and briefly uploaded” to the court website but added that the ruling “has not been released.”
Bloomberg also posted a copy of the document. NBC News could not independently verify the document. It is not known whether it was a draft decision, the actual decision or neither.
The court appears set to allow emergency room doctors in Idaho to perform abortions in certain situations, according to a copy of the decision, Bloomberg reported. The court is likely to dismiss the appeal brought by Idaho officials, Bloomberg said.
In doing so the court would allow a lower court ruling in favor of the Biden administration to go back into effect.
Justice Samuel Alito wrote a dissenting opinion joined by two other conservatives, Clarence Thomas and Neil Gorsuch, saying the court should not have dismissed the case.
The Supreme Court in January blocked the lower court ruling and allowed Idaho to enforce its abortion law in full while agreeing to hear oral arguments. Other provisions of the ban are already in effect and would not be affected by the ruling.
The case concerns whether a federal law that regulates emergency room treatment overrides Idaho’s strict abortion ban. If the court dismisses the appeal, it would leave the legal question unresolved.
According to the document posted by Bloomberg, Justice Ketanji Brown Jackson wrote separately to say the court should have gone ahead and decided the bigger issue, which is likely to come up in another case in due course and would have an impact on other states with abortion restrictions similar to Idaho’s.
“Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote, according to the document. “While this court dawdles and the country waits, pregnant people experiencing emergency medical conditions remain in a precarious position, as their doctors are kept in the dark about what the law requires.”
In a separate opinion, conservative Justice Amy Coney Barrett explained why she would vote to dismiss the case, saying the court had made a “miscalculation” in taking it up before an…
Click Here to Read the Full Original Article at NBC News Top Stories…