The supreme court has acknowledged to Bloomberg Law that the ruling in a case over whether hospitals in Idaho can be required to carry out abortions in emergencies was published by accident.
The court’s public information officer Patricia McCabe told the outlet: “The Court’s Publications Unit inadvertently and briefly uploaded a document to the Court’s website. The Court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”
Bloomberg Law goes on to report that the ruling is 6-3 in favor of the Biden administration, with conservative justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissenting. However, the ruling is structured to allow litigation over the issue to continue, and not resolve the broader question of whether the federal government can require emergency abortions be performed in states where the procedure is banned:
The high court decision “will prevent Idaho from enforcing its abortion ban when the termination of a pregnancy is needed to prevent serious harms to a woman’s health,” Justice Elena Kagan said in a concurring opinion.
Justice Ketanji Brown Jackson wrote separately to say that she wouldn’t have dismissed the case, according to the copy that was briefly online.
“Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote. “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.”
The posted decision indicates the court won’t resolve broader questions about the intersection of state abortion bans and a federal law designed to ensure hospitals treat patients who arrive in need of emergency care.
The case is the supreme court’s first look at a state abortion ban since the conservative majority overturned Roe v Wade in 2022. The court on 13 June preserved full access to the widely used abortion pill mifepristone, saying anti-abortion doctors and organizations lacked legal standing to press a lawsuit.
The supreme court turned down an attempt by Republican-led states to block the Biden administration’s coordination with social media companies on fighting disinformation, one of only two decisions the conservative-dominated panel released today. They still have yet to rule on cases concerning Donald Trump’s prosecution for trying to overturn the 2020 election and the scope of federal government regulations, but will issue more opinions on Thursday and Friday. But perhaps an even bigger story than what the court actually decided is what it inadvertently decided. Bloomberg Law noticed that the court had accidentally posted its opinion in a closely watched case pitting Idaho against the Biden administration, and a 6-3 majority was going to require the Republican-led state to allow emergency abortions – at least for now.
Here’s what else happened today:
House Republicans convened a little-known congressional body to intervene on behalf of top Trump adviser Steve Bannon’s attempts to stay out of jail.
The supreme court once again overturned the ultra-conservative fifth circuit court of appeals, in its ruling over social media disinformation. Here’s why that’s significant.
Trump claims he can get detained US journalist Evan Gershkovich out of jail in Russia, if he wins the November election. The Wall Street Journal reporter’s trial began behind closed doors today.
Encounters at the southern border dropped by 40% after Joe Biden imposed restrictions that will temporarily restrict access to asylum seekers, the homeland security department said.
Progressives are not pleased after congressman Jamaal Bowman lost his Democratic primary yesterday, and are training their ire on the influence of the American Israel Public Affairs Committee (Aipac).
A group of Black campaign surrogates for Donald Trump met at a barbershop in Atlanta’s Buckhead neighborhood Wednesday, ahead of the head-to-head between Trump and Joe Biden here tomorrow.
Trump made a phone appearance to tout his accomplishments for the Black community while in office and his proposal to end taxation on tips.
“Let the people earn what they earn,” Trump said, adding that he was aware he was talking to people in a barbershop who do tipped service work. “And it has been so popular beyond anything.”
Both Trump and Biden are blitzing metro Atlanta with events leading up to the debate. Rocky’s Barber Shop, a Black-owned business in Atlanta’s more affluent neighborhood, hosted conservative Black leaders from metro Atlanta. Shelley Winter, a conservative talk show host here, asked Trump if he thought that CNN debate moderators Jake Tapper and Dana Bash would treat him fairly.
“Well, I think it would be good for them if they did,” Trump replied. “I think probably not,” he added, expressing lingering ire about Tapper cutting off his televised victory speech after winning the primaries.
So they cover the whole primary, but they don’t cover my victory speech. So am I going to get it fair? Probably not, but it would be very good for CNN. They’re having a lot of ratings problems.
Two potential choices for vice president who did not need a haircut found themselves at the shop anyway Wednesday: congressman Byron Donalds (R-Fla.) and former housing and urban development secretary Dr. Ben Carson.
“I just want to encourage you to continue to speak out because the attacks on you have been absolutely ridiculous,” Carson said. “We’re praying that God will give you the strength to bear it because you’re standing in there for all of us.”
Donalds said we would see if he was Trump’s vice presidential pick. Does he want to be vice president? “Of course!” he replied.
Trump said on Saturday that he had already made up his mind about who he would choose to be vice president, and that his choice would be present in Atlanta for the debate.
The number of encounters at the south-west border was down 40% in the three weeks since Joe Biden announced new rules restricting asylum, the Department of Homeland Security announced on Wednesday.
According to a DHS fact sheet, the average daily arrests over a seven-day period has fallen to under 2,400 encounters per day, the lowest level of encounters since January 2021. It is still not low enough to lift the order. Asylum processing resumes when encounters fall to an average of 1,500 encounters across a seven-day period.
“It’s a remarkable feat that our personnel have accomplished in just such a short period of time,” DHS secretary Alejandro Mayorkas said in an interview on MSNBC’s Morning Joe Wednesday. “Congress failed to act. The president has acted.”
But he said congressional action was needed to send more resources to border patrol and that without legislation the order could be lifted or reversed by the courts or a future administration.
Last week, CBP said encounters fell by 25%, meaning illegal border crossings dropped significantly since then.
Encounters were already on a downward trend before Biden’s asylum order, due in part to a crackdown on northward migration by Mexican officials. Seasonal patterns also affect crossings.
Opponents have sued the administration to block the order.
Cori Bush, the Democratic congresswoman of Missouri and another prominent member of the progressive “Squad”, has issued a statement calling Jamaal Bowman her “brother-in-service” and attacking Aipac’s role in his primary defeat last night.
Bowman is the “true representation of transformational leadership and brings … the power of everyday people from our communities to Congress each and every day,” Bush wrote.
AIPAC and their allies—backed by far-right Donald Trump megadonors—poured a tidal wave of cash into this primary race showing us just how desperate these billionaire extremists are in their attempts to buy our democracy, promote their own gain, and silence the voices of progress and justice. There should be no question about the need to get Big Money out of politics.
A recent poll shows Bush at risk of losing in her own primary contest for Missouri’s 1st congressional district, one point behind challenger Wesley Bell. The pollster, The Mellman Group, said:
Bush is still seen favorably, but assessments of her and her performance are moving in a negative direction, while Bell’s image is improving, leaving him with an underlying image advantage. With some six weeks to go and 11% [of voters surveyed] still undecided, this race can go either way, but Bell has achieved a slight advantage.
Jamaal Bowman’s primary defeat on Tuesday was a “loss for young people and anyone who cares about our continued movement toward justice, peace, and building a multiracial democracy,” Protect Our Power said in a statement.
The progressive group blamed “Aipac and the Maga billionaires who recruited and paid for George Latimer’s campaign from start to finish” for the defeat, and vowed “to tell Aipac they have no business creating division in our democracy”.
In a separate letter of protest, Jewish Voice for Peace Action (JVP) said it was “saddened” by the results that had unseated a congressman who “has been one of the few members of Congress committed to defending Palestinian human rights”.
“Today is a sad day for American democracy,” said JVP’s political director, Beth Miller. She added:
To protect progressive candidates moving forward it is essential that Democrats reject Aipac.
Progressive groups are calling on House Democratic leader Hakeem Jeffries to reject the endorsement and donations from the American Israel Public Affairs Committee (Aipac) in the wake of congressman Jamaal Bowman‘s primary loss in New York.
The United Democracy Project, a super Pac affiliated with Aipac, dumped nearly $15m into Bowman’s district as part of its successful effort to elevate George Latimer to the Democratic nomination.
A coalition of progressive groups, outraged over Aipac’s involvement in the race, sent a letter to Jeffries today demanding that he reconsider his association with the group and denounce its tactics.
“AIPAC turned the NY16 race into the most expensive Democratic primary in history, waging anunacceptable assault on our democracy, our communities, and our shared future. We call on you to take action to address this threat,” the letter reads.
AIPAC’s interference in Democratic politics poses a grave danger to the vision our organizations fight for every day: a future in which everyone can access a high quality education, comprehensive healthcare, a liveable climate, affordable housing, good jobs for good pay, humane immigration policies, human rights centered foreign policy — and more.
Latimer defeated Bowman by 17 points yesterday, and he is now heavily favored to win the seat in November, as the Cook Political Report rates the district as solid Democrat.
The abortion rights group Reproductive Freedom for All has said it agrees with Justice Kentanji Brown Jackson’s reported reservations in the copy of the opinion briefly posted on the supreme court’s website.
“This is not a victory but a delay,” the group said in a statement responding to the court’s reported decision to permit abortions in medical emergencies in Idaho.
The abortion bans that are putting people’s lives on the line in the first place will continue to remain on the books. We’re grateful that the Biden administration is fighting to preserve the shreds of access possible in states where anti-abortion extremists are doing everything in their power to block people from the care they need, even under the most dire of circumstances.
The group said it will not forget that Donald Trump and the Maga Republicans are responsible for those bans, adding:
Our rights are on the line, and we must send President Biden back to the White House to restore the federal right to abortion and end these bans once and for all.
The copy of the opinion suggesting that the supreme court may rule to permit abortions in medical emergencies in Idaho may not be final and could be changed.
According to the copy obtained by Bloomberg, a majority of justices will reportedly dismiss the case as “improvidently granted”, meaning the supreme court should not have accepted the case.
The ruling would reinstate a lower court’s order that had allowed Idaho hospitals to perform abortions in cases where a woman’s health may be endangered, according to the outlet.
Currently, the state’s law only allows abortions when a woman’s “life” is in danger. Idaho has sought to have abortion exempted from the Emergency Medical Treatment and Labor Act (Emtala), a precedent critics said would endanger pregnant people in any state that has abortion restrictions.
Although many states allow doctors to perform an emergency abortion when a woman’s life or health is at risk, effectively mirroring Emtala, Idaho only allowed doctors to intervene when a woman was on the brink of death, a much higher bar for intervention. The Biden administration sued Idaho to enforce the law.
The Emtala law, signed by abortion opponent Ronald Reagan, sought to protect pregnant women in active labor in particular. Until its passage, hospitals often transferred or “dumped” women who could not pay when they suffered an emergency on public hospitals, even when in advanced stages of labor.
Emtala had endured a series of attacks, including by some hospital administrators who viewed it as an “unfunded mandate”. Although the federal government required hospitals to treat sick patients, it never provided money to care for indigent patients.
Bernie Sanders has joined those blaming the American Israel Public Affairs Committee (Aipac) for congressman Jamaal Bowman’s primary loss in New York last night.
Bowman, whose criticism of Israel’s war on Gaza made him a target for pro-Israel lobbying groups, was defeated by George Latimer, a pro-Israel centrist, after Aipac and an affiliated group spent almost $15m to defeat him.
Sanders, in a statement today, said it was an “outrage and an insult to democracy that we maintain a corrupt campaign finance system which allows billionaire-funded super PACs to buy elections.” He added:
AIPAC and other super PACs spent over $23 million to defeat Bowman. He spent $3 million. That is a spending gap which is virtually impossible to overcome.
It is not a coincidence that with our corrupt campaign finance system we also have a rigged economy that allows the very rich to get much richer while many working people are falling further behind. Big Money buys politicians who will do their bidding, and the results are clear.
The Congressional Pro-Choice Caucus has responded to the news that the supreme court may be poised to allow abortions in medical emergencies in Idaho.
“We are all watching,” the caucus posted to X, adding:
With lives hanging in the balance, we hope this indicates a step forward for patients’ access to emergency abortion care.
Now, it is up to #SCOTUS to confirm that this is true and they will indeed protect that right and uphold federal law.
Alexis McGill Johnson, the head of Planned Parenthood, the country’s largest abortion provider, writes that any decision that falls short of guaranteeing patients’ access to abortion care in emergencies would be “catastrophic”.
Source: US Politics - theguardian.com
