Supreme Court issues decision on emergency abortion care case

Our live coverage has ended for the day. Read up on the Supreme Court decision here or scroll through the posts below.

The Supreme Court formally dismissed an appeal over Idaho’s strict abortion ban on Thursday, blocking enforcement of the state’s law. The decision temporarily allows abortions in medical emergencies in Idaho.

It comes a day after the opinion was inadvertently posted on the court’s website in an astonishing breach of protocol, marking the second time a major SCOTUS abortion ruling has been made public prematurely.

Here’s what happened on Thursday:

6-3 decision: The unsigned opinion released Thursday drew a flurry of concurrences from conservative and liberal justices. Though the decision was technically a loss for Idaho, Justice Ketanji Brown Jackson stressed in a partial dissent that the potential impact is likely to be short-lived. “Today’s decision is not a victory for pregnant patients in Idaho,” Jackson wrote. “It is delay.” 

If the Supreme Court wants to revisit the issues raised in the Idaho abortion case, it won’t have to wait very long — there is already an appeal pending on its docket from Texas.

The New Orleans-based 5th US Circuit Court of Appeals sided with Texas this year in its challenge to the same federal hospital law at issue in the Idaho case. The Biden administration appealed that ruling to the Supreme Court but asked the justices to hold the petition until the court resolved the dispute in Idaho.

The case will be fully briefed this summer and could be granted this fall, which would allow the court to consider a similar question after the November election.

The Texas case has received considerable attention in recent days because abortion rights groups have noted that by not resolving the underlying questions raised in Idaho, the court has left those same issues pending in Texas, where lower courts have ruled against the Biden’s administration’s effort to require abortions in cases where the health of the pregnant woman is at stake.

Idaho’s Democratic Party Chair Lauren Necochea warned that even with the Supreme Court ruling ensuring emergency abortion care in the state, Idaho still struggles to retain medical talent in maternal care.

Dr. Caitlin Gustafson, president of the Idaho Coalition for Safe Healthcare, said the “state’s health care system is in crisis,” given that over 20% of the obstetricians in the state have stopped practicing.

She’s a family physician who has practiced medicine in rural Idaho for more than 20 years.

Sen. Patty Murray speaks during a news conference on June 18, in Washington, DC.

Despite a ruling that would ensure emergency abortion care in Idaho, Democrats are continuing to criticize the broader lack of abortion access nationwide and the ambiguity that many health care providers experience.

Democratic members issued a variety of reactions to the ruling, which involves a federal law known as the Emergency Medical Treatment and Active Labor Act (EMTALA):

CNN’s Morgan Rimmer and Ted Barrett contributed to this story.

This post has been updated with additional information.

In its ruling on Thursday, the Supreme Court decided that it should not have taken up the case and dismissed the appeal over Idaho’s abortion ban. Abortion rights opponents are viewing this as a roadblock, not a final decision on the ban.

“The outcome here is simply procedural in nature,” said Sarah Parshall Perry, a senior legal fellow at The Heritage Foundation, a conservative think tank. She also praised Justice Samuel Alito’s dissent and his interpretation that “Medicare-funded hospitals (must) protect the health of both a pregnant woman and her ‘unborn child.’”

These groups have set their sights on the upcoming lower court arguments, maintaining their position that a federal law known as the Emergency Medical Treatment & Labor Act — or EMTALA — does not safeguard abortion access.

Legal scholars have also highlighted a case in Texas that challenges the state’s abortion ban in cases of medical emergencies as another abortion dispute that the Supreme Court may intervene in.

Health and Human Services Secretary Xavier Becerra said reproductive health care remains “under attack” in the US, with the Supreme Court’s overturning of Roe v. Wade still impacting women.

Becerra said when the court overturned Roe v. Wade two years ago, “it unleashed an unprecedented assault on reproductive rights, and every day we see the consequences.”

“We will continue to uphold the law and the right to emergency care, to inform people of their rights under EMTALA, and to make it easier for someone denied care to file a complaint,” he added.

President Joe Biden delivers remarks during a campaign event in Raleigh, North Carolina, on March 26.

The Biden campaign is planning to air an abortion-focused ad during one of the commercials breaks in CNN’s presidential debate tonight, a campaign official told CNN.

The push comes as President Joe Biden is looking to use the debate to draw a contrast with former President Donald Trump on the issue of reproductive rights. 

Democrats believe abortion rights can prove galvanizing for voters in November and have worked relentlessly to tie new restrictions on the procedure to Trump, accusing him of fomenting “cruelty and chaos” following the overturning of Roe v. Wade.

Biden’s campaign ads have often included personal testimonials from women impacted by state abortions bans. Following the Supreme Court’s dismissal of an appeal over Idaho’s strict abortion ban on Thursday, the campaign released a new TV spot featuring an Idaho obstetrician who left her state out of fear of potential criminal charges for treating patients with the restriction in place.

“These laws are truly barbaric. They are putting us back decades, if not centuries,” Dr. Lauren Miller says in the ad. “Donald Trump did this. He put women’s lives in danger.”                   

The Supreme Court building in Washington, DC, on June 1.

The Supreme Court on Thursday allowed emergency abortions in Idaho – for now – by blocking enforcement of the state’s law that bans abortions except for the life of the pregnant woman.

Here are some key quotes from today’s ruling:

Concurrence by Justice Elena Kagan, joined by Justice Sonia Sotomayor and in part by Justice Ketanji Brown Jackson

Concurrence by Justice Amy Coney Barrett, joined by Chief Justice John Roberts and Justice Brett Kavanaugh

US Attorney General Merrick Garland speaks during a news conference on May 23, in Washington, DC.

Today’s Supreme Court order restores federally guaranteed access to emergency care to women in Idaho while the Justice Department continues to litigate the case, US Attorney General Merrick Garland said in a statement Thursday.

“The Justice Department will continue to use every available tool to ensure that women in every state have access to that care,” he said.

The Supreme Court formally dismissed an appeal over Idaho’s abortion ban Thursday, blocking enforcement of the state’s law.

The Emergency Medical Treatment and Labor Act (EMTLA) guarantees essential emergency care to all Americans, regardless of the state they live in, Garland said in a statement released by the Department of Justice.

While the Supreme Court ruling does temporarily protect the right to emergency abortions in Idaho, abortion rights proponents have been quick to point out that this decision does not guarantee universal access to the procedure.

Groups have noted because the justices declined to resolve the underlying questions raised by the case, the question will almost certainly return — potentially as early as this fall.

“The Court kicked the can down the road,” Nancy Northup, president and CEO of the Center for Reproductive Rights, said in a statement to CNN. “The Supreme Court created this health care crisis by overturning Roe v. Wade and should have decided the issue.”

Reproductive Freedom for All CEO Mini Timmaraju said that the court was “punting so that they didn’t need to weigh in before an election.” She also highlighted the contrast between President Joe Biden and former President Donald Trump on the issue, encouraging abortion-rights voters to cast their ballots for the incumbent president.

The American Civil Liberties Union also decried the decision, with deputy director of the Reproductive Freedom Project Alexa Kolbi-Molinas calling it “a dangerous preview for what could come.”

“This is not a time for applause,” Fatima Goss Graves, president and CEO of the National Women’s Law Center, said on a call with reporters. “This is the bare minimum that pregnant people and providers in Idaho deserve.”

The court’s decision blocks Idaho from enforcing its strict on ban on abortions in emergency rooms, but the groups have noted because the justices declined to resolve the underlying questions raised by the case, the question will almost certainly return – potentially as early as this fall.

Skye Perryman, president and CEO of Democracy Forward, accused the court of treating “women’s lives like hot potato.”

“It is clear that the court is seeking to avoid accountability in a critical year and is leaving the door wide open” to overturn further rights in the future, she said.

For context: With ballot initiatives being put to voters across battleground states this November, these groups will likely use this ruling to rally support for reproductive healthcare. Similar ballot initiatives have been successful in guaranteeing abortion access in traditionally conservative states such as Kansas and Ohio.

This post has been updated to include additional statements.

Dr. Stella Dantas, president of the American College of Obstetricians and Gynecologists, expressed relief at the Supreme Court’s decision allowing pregnant people in Idaho to access emergency abortion care. However, she also noted that more needs to be done to overturn the state’s abortion ban and highlighted that doctors were still experiencing “interference” and confusion.

“The entire ACOG community is breathing a little easier today, especially our colleagues from Idaho who’ve been suffering alongside their patients for the last two years,” Dantas said at a news conference on Thursday.

Dr. Nisha Verma, an obstetrician-gynecologist in Georgia, said the decision fell short of addressing the medical complexities and led to confusion, fear and delays in care.

“What we had really hoped for is the Supreme Court to come down very firmly that doctors should be able to provide care for patients, including in emergency situations where abortion care can often be needed to stabilize patients. I think that working here in Georgia, we are constantly in a state of confusion trying to navigate incredibly confusing laws with exceptions that just don’t make sense on the ground, that don’t take into consideration all of the complexity that we deal with every day,” Verma said.

The Supreme Court has announced it will issue opinions on Monday.

This means the high court plans to release opinions Friday and Monday (at 10 a.m. ET both days) — and could still add another day next week.

While the Supreme Court’s decision to dismiss an appeal over Idaho’s strict abortion ban Thursday is a “technical win,” it is not a win for health equity, the director of the NAACP Center for Health Equity said Thursday.

The court’s ruling in favor of the Biden administration will ensure people in Idaho can access emergency abortion care.

Pernell called the Supreme Court ruling a “kick-the-can kind of moment” that still leaves women’s health in the US in peril.

“The Supreme Court missed an opportunity,” Pernell said, to make a decision that was “clearly and compellingly in the favor of the universal rights of all people, especially women – and that didn’t happen.”

Vice President Kamala Harris delivers remarks on reproductive rights on June 24, in College Park, Maryland.

Despite the fact that the Idaho Supreme Court ruling ensures Idaho women can access emergency abortion care, President Joe Biden and Vice President Kamala Harris have been using the opportunity to blast Donald Trump and nationalize the issue of abortion.

Harris criticized Trump in a statement Thursday blaming him for “abortion bans” enacted when he was president. 

The decision was 6-3. Supreme Court Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented, while Justices Amy Coney Barrett and Brett Kavanaugh sided with liberal justices in the majority.

President Joe Biden’s campaign instantly seized upon a Supreme Court decision on emergency abortion care Thursday, releasing a new television ad featuring a personal testimonial from a high-risk obstetrician from Idaho.

The doctor left her state out of fear of facing potential criminal charges for treating patients amid a strict abortion ban the state.

The campaign is also planning to air an abortion-focused ad during one of the commercial breaks in the debate, a campaign official told CNN.

The push comes as the campaign is eager to draw a sharp contrast with Trump over reproductive rights on the debate stage.

“In a medical emergency, seconds matter. When you’re the only person in the emergency room at 2 a.m. in the morning, and someone comes in hemorrhaging, and they are pregnant, you’re responsible,” Miller says in the ad. “Two years ago, Trump overturned Roe v. Wade. Because of the abortion bans across the country, women’s lives are at risk. Physicians could be tried with a felony for saving that woman’s life too early. The penalties are so severe; felony, imprisonment, loss of license, those are terrifying things.”

She adds, “This election is the most important election of my generation and my daughter’s generation. Joe Biden and Kamala Harris will protect our fundamental rights, putting health care decisions back in the hands of women and their doctors.”

President Joe Biden speaks about reproductive rights during a campaign stop on April 23, in Tampa, Florida.

President Joe Biden said in a statement Thursday that the Supreme Court decision in Idaho’s abortion case “ensures that women in Idaho can access the emergency medical care they need” – but he also placed blame squarely on Republicans for their “extreme and dangerous” anti-abortion agenda.

Abortion remains a key issue in the presidential race – and one that is likely to come up in Thursday’s CNN presidential debate between Biden and his rival, former President Donald Trump, that will happen just hours after the Supreme Court released its decision.

An empty stage is seen ahead of CNN’s presidential debate in Atlanta.

The Supreme Court’s decision comes hours before President Joe Biden and former President Donald Trump are set to face off at CNN’s presidential debate in Atlanta. Biden’s advisers have signaled abortion rights will be a key contrast point for Biden heading into the showdown.

Earlier this month, the Supreme Court rejected a challenge to the abortion pill mifepristone. While it allowed a key abortion medication on the market for women, the Biden campaign also used the moment to warn voters that reproductive rights remain under threat from “MAGA attacks” in the country.

Democrats believe abortion rights can prove galvanizing for voters in November, and they have worked relentlessly to tie new restrictions on the procedure to Trump, accusing him of fomenting “cruelty and chaos” following the overturning of Roe v. Wade.

Trump has taken credit for the overturning of Roe v. Wade, pointing to the three conservative justices he appointed to the court who voted to strip away the nationwide right to abortion.

That has opened the door for Biden to warn voters of what type of justices Trump could potentially appoint if he were to regain the White House in November.

“The next president is likely to have two new Supreme Court nominees,” Biden told donors earlier this month at a fundraiser in Los Angeles, calling the potential of additional Trump appointees “one of the scariest parts” of a second Trump term.

Polling has shown that abortion is still a politically potent issue for Democrats and that most Americans prefer at least some access to the procedure.

The Supreme Court’s decision comes days after the Biden-Harris campaign marked the anniversary of the Supreme Court’s Dobbs decision and further elevates an issue Democrats have been wanting to put front and center in the 2024 campaign.

A series of elections in the aftermath of the Supreme Court’s Dobb’s decision overturning Roe v. Wade — including the 2022 midterms — have consistently resulted in high turnout and success for Democrats.

The campaign has relied, in part, on first-person testimony from women who have been denied abortions or have otherwise been impacted by state abortion bans that took effect after the court ruling in 2022.

The Biden campaign has stuck to a consistent playbook when talking about Trump and abortion policy. It has pointed to the times the former president took credit for appointing three of the judges who overturned Roe, linked every state-level policy shift to Trump and argued that national Republicans ultimately want to push a federal ban.

The White House had been bracing for a ruling on whether federal law to provide emergency care can overrides state abortion bans. The Biden administration sees the Emergency Medical Treatment and Active Labor Act – known colloquially as EMTALA – as “the last tool” to provide abortion care in states where bans have been put in place, a senior administration official told CNN ahead of the ruling.

“It would be devastating,” the official tells CNN of a potential move to undercut EMTALA.

Jennifer Klein, the director of the White House Gender Policy Council, has led the White House’s effort to coordinate policy, outreach, and messaging with the Justice Department and the Department of Health and Human Services. In advance of the ruling, HHS launched a website to make it easier for patients to file complaints of EMTALA violations and investigated hospitals that received complaints.