CBS2, BOISE — No official decision has been made by the Supreme Court in Idaho's, but the Court appears to be poised to allow, for the moment, abortions to be performed in Idaho in cases of medical emergencies for pregnant women.
The draft opinion, erroneously posted onto the SCOTUS website, suggested that Court believed the case was brought to them too early, and will now be sent back to the 9th Circuit Court of Appeals for further deliberation.
"No decision by SCOTUS is final until released," former Attorney General of Idaho David Leroy said. "We can assume two things, that it was released early and will not change or was not released because the decision in still in process."
Regardless, Leroy said he expects that the posting reflected that the Court was near its final decision, which would most likely mirror today's leak.
"The method by which it was leaked was very different than a previous leak around the Roe v. Wade decision two years ago," Leroy said. "The method and swift withdrawal suggests we'll have a final decision in the next few hours."
The Idaho Family Policy Center, which helped draft the abortion ban said, "several years ago, the Idaho Family Policy Center warned lawmakers that the 'life of the mother' exception in the trigger law could be construed as conflicting with EMTALA, and would almost certainly be challenged in court."
Idahoan United for Women & Families, which supports the leaked decision said, "today's leak, which hopefully will affirm that pregnant women should not be treated like second class citizens in the Emergency Room."
We will continue to keep you updated here on our website and on our newscasts as this story develops.
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