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Another Supreme Court decision on abortion was “inadvertently” made public and left even a CNN correspondent stunned by the leak.

Wednesday’s leaked 6-3 ruling on an Idaho abortion ban made a brief appearance on the high court’s website before being taken down, prompting a statement from a SCOTUS spokesperson.

“The court’s publications unit inadvertently and briefly uploaded a document to the court’s website,” said Patricia McCabe. “The court’s opinion in Moyle v. United States and Idaho v. United States will be issued in due course.”

The leak of the decision, which would likely be seen as a victory for abortion rights supporters, comes two years after the stunning leak of the decision to overturn Roe v. Wade.

“We begin with breaking news. The Supreme Court appearing poised to side with the Biden administration on a critical abortion case. This according to a document mistakenly posted on the court’s website,” CNN anchor Boris Sanchez reported Wednesday. “The copy, reviewed by Bloomberg, showed the court voting 6 to 3 to allow emergency abortions to take place in Idaho on a temporary basis, while the case continues through the lower courts.”

(Video Credit: CNN)

“So this reporting is coming from Bloomberg Law. At this point, they have not posted what they say is an opinion that was inadvertently posted on the Supreme Court website. We have not reviewed it ourselves. But in a statement, the Supreme Court acknowledges that a document was posted,” CNN’s chief legal correspondent, Paula Reid, said.

“And I want to read their statement because they’re pretty careful with the language, the statement from the Supreme Court,” she continued, quoting the SCOTUS spokesperson’s statement.

“So it does appear that they’re trying to differentiate between a formal opinion and this document that was posted there,” Reid said before pointing out “two big things.”

“The first is what it appears that they may have decided. And then how is this the second time that we’re having a leak of a major abortion case?” she wondered.

“Let’s take first what they decided according to what Bloomberg Law saw. They’re saying that the justices in a 6-3 decision sided with the Biden administration, and they will allow abortions to be performed in the state of Idaho in emergency situations, and not just in situations where a woman’s life is at risk. Now, the other question is, of course, this is the second time that a major abortion-related ruling has leaked inadvertently out of the Supreme Court,” Reid continued.

“It’s a stunning breach of protocol, and it’s notable because we were about 36 hours out from our debate, which is, I think everyone would agree, a pivotal moment in this campaign,” Reid noted.

“There are at least ten cases still pending that haven’t been released. We only have two days, and it’s unclear if any of these are opinions. Specifically, the abortion one would come out before the debate,” she said. “Now I’ve reached out to the stakeholders, the Justice Department, the White House, even the Trump campaign because this is something that both campaigns are watching very closely. A decision that could potentially have an impact on November. Everyone so far declining to comment until the actual opinion is released.”

Frieda Powers
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