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BREAKING: Leaked doc suggests Supreme Court may side with Biden in forcing Idaho ERs to commit abortions – LifeSite

(LifeSiteNews) — The U.S. Supreme Court posted, then deleted, what appears to be a decision siding with the Biden administration to allow emergency room doctors in Idaho to perform abortions in certain situations despite the state’s near-total ban on the deadly procedure.

According to Bloombergwho first broke the story, on Wednesday the Supreme Court “briefly posted” its Moyle v. United States decision – which may or may not be the final or real decision – on its website before removing it. A copy of the decision obtained by LifeSiteNews indicates that the Supreme Court is intending to vote 6-3 in favor of the pro-abortion administration of President Joe Biden, with the three dissenting justices being Clarence Thomas, Samuel Alito and Neil Gorsuch.

The decision, if true, would effectively circumvent Idaho’s near-total ban on abortion by exempting emergency room doctors from the ban in certain circumstances.

In response to the leak, the Idaho Family Policy Center released a statement decrying the potential decision, saying, “Assuming that the leaked opinion is representative of the forthcoming final opinion, we’re disappointed in – and strongly disagree with – the decision of the Court.”

The case first began in August 2022 when Biden’s pro-abortion administration filed a lawsuit contending that the federal Emergency Medical Treatment & Active Labor Act (EMTALA) overrides Idaho’s near-total ban on abortion by requiring that emergency room doctors commit abortions that would otherwise be illegal in the state. A lower court sided with the White House, prompting the U.S. Supreme Court to take the case and allow Idaho to continue to enforce its laws until it is resolved.

In April, Idaho Republican Attorney General Raúl Labrador, along with attorneys from Alliance Defending Freedom (ADF) and the law firm Cooper & Kirk, filed their reply brief with the nation’s highest court, laying out the case that the administration misreads and misapplies EMTALA in numerous ways, including that the law does not require procedures that violate state law, does not mandate services a particular hospital does not offer, and in fact requires hospitals to provide care for preborn children.

Current Idaho abortion laws, which were upheld by the Idaho Supreme Court in January 2023, ban abortion at any point of pregnancy for any reason except rape and incest reported to law enforcement, or when deemed “necessary to prevent the death of the pregnant woman.”

It is worth noting that there are no instances in which abortion is medically “necessary to prevent the death of the pregnant woman,” and that other exceptions, such as for rape or incest, also violate natural and divine law.

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