In dismissing Moyle v. United States, Penn Carey Law’s Allison K. Hoffman says the Supreme Court took a ‘procedural punt’ in allowing doctors in Idaho to continue providing emergency abortion care.
Allison Hoffman is an an expert in health care law and policy.
(Image: Penn Law)
“The Supreme Court, in a per curiam opinion, has decided not to decide on Moyle v. U.S., saying that its accepting the case was ‘improvidently granted,’” says Hoffman.
“Providers in Idaho continue to operate in a risky environment but, at least for now, the district court’s opinion allows them to provide abortions when necessary to stabilize an emergency medical condition,” Hoffman adds. “The opinion does not explain why the Court took this procedural punt, but the concurring and dissenting opinions give a window into the strong disagreement among the Justices on this case.”
Hoffman adds, “Justice Jackson’s sharp opinion put it best: ‘Today’s decision is not a victory for pregnant patients in Idaho. It is delay. 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.’”
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