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The Supreme Court kicks Idaho’s emergency abortion ban back to a lower court

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The Supreme Court kicks Idaho's emergency abortion ban back to a lower court

WASHINGTON – The Supreme Court released a ruling Thursday opinion allow emergency abortions in Idaho, but avoid the larger issue of state abortion bans. It is the final version of an advisory that was accidentally released on Wednesday.

The 6-3 decision lifts a stay on an earlier court order to allow abortions in rare but life-threatening circumstances. The Health and Human Services Department sued Idaho in 2022, arguing that the states’ near-total abortion ban violated federal laws designed to provide stabilizing care in emergency situations.

One version of the advice was short accidentally posted on the Supreme Court website and noted by Bloomberg Law. The decision sends the case between HHS and Idaho back to the 9th Circuit Court of Appeals.

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