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WASHINGTON, DC – Establishment media botched covering when the Supreme Court flubbed the punting of a case, accidentally posting early andismissing the case without any decision on the showdown behind the Biden administration’s ER abortion mandate and Idaho’s pro-life law.
Idaho has a pro-life law on the books, the Idaho Defense of Life Act. The Biden administration sued, arguing its new EMTALA rule supersedes Idaho law. A federal district court in Idaho issued a preliminary injunction in favor of HHS. Idaho appealed to the Ninth Circuit, after which the Supreme Court took the extraordinarily rare step of granting “cert before judgment” – shorthand for the Supreme Court granting review before the appeals court finishes deciding the appeal.
One is written by Justice Ketanji Brown Jackson, who wrote that the court should not dismiss the case, and instead should strike down Idaho’s pro-life law on the basis of Biden’s abortion mandate. “This about-face is baffling,” wrote Alito. “Nothing legally relevant has occurred since January 5 [when the court took the case.”
Judge Amy Coney Barrett, President Donald Trumps nominee for the U.S. Supreme Court, is shown while meeting with Sen. Mitt Romney, R-Utah, on Capitol Hill in Washington, Wednesday, Sept. 30, 2020.
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