
Draft opinion mistakenly posted by the Supreme Court
Clip: 6/26/2024 | 3m 37sVideo has Closed Captions
How a draft opinion on Idaho's abortion ban was mistakenly posted by the Supreme Court
The Supreme Court handed down two opinions Wednesday but left some of the most politically fraught cases for the final days of its term. One left undecided for now is focused on abortion and a ban in Idaho. But we may have clues about how the justices will decide the case after a document was mistakenly posted. John Yang reports on how the mistake happened and what it could mean for the court.
Problems with Closed Captions? Closed Captioning Feedback
Problems with Closed Captions? Closed Captioning Feedback
Major corporate funding for the PBS News Hour is provided by BDO, BNSF, Consumer Cellular, American Cruise Lines, and Raymond James. Funding for the PBS NewsHour Weekend is provided by...

Draft opinion mistakenly posted by the Supreme Court
Clip: 6/26/2024 | 3m 37sVideo has Closed Captions
The Supreme Court handed down two opinions Wednesday but left some of the most politically fraught cases for the final days of its term. One left undecided for now is focused on abortion and a ban in Idaho. But we may have clues about how the justices will decide the case after a document was mistakenly posted. John Yang reports on how the mistake happened and what it could mean for the court.
Problems with Closed Captions? Closed Captioning Feedback
How to Watch PBS News Hour
PBS News Hour is available to stream on pbs.org and the free PBS App, available on iPhone, Apple TV, Android TV, Android smartphones, Amazon Fire TV, Amazon Fire Tablet, Roku, Samsung Smart TV, and Vizio.
Providing Support for PBS.org
Learn Moreabout PBS online sponsorshipGEOFF BENNETT: Welcome to the "News Hour."
The U.S. Supreme Court handed down two opinions today, but has left some of the most politically fraught cases for the final few days of its term.
One of those left undecided for now is focused on abortion and the future of a strict ban in Idaho.
AMNA NAWAZ: We may have clues about how the justices will decide the case after a document was mistakenly posted to the court Web site before being removed.
The copy of the yet-to-be-finalized opinion suggests a 6-3 decision that would allow hospitals in the state to perform abortions to protect the life of the patient.
But it also leaves the heart of the case unresolved, as the court appears poised to say the plaintiffs lack standing.
John Yang is here now to explain how the mistake happened and what it could mean for the court.
So, John, let's start with that.
A document is posted briefly on the Web site and then removed.
What do we know about what happened?
JOHN YANG: Well, unlike the case that overturned Roe v. Wade two years ago, this does not appear to be a leak.
It appears to be a case of what they call fat thumbs.
Patricia McCabe, the court spokesperson, issued a statement saying: "The court's Publications Unit inadvertently and briefly uploaded a document to the court's Web site.
The court's opinion in these cases will be issued in due course."
AMNA NAWAZ: And it got a lot of attention, of course, because it is about abortion case in Idaho, a law banning essentially almost all abortions, imposing a penalty of up to five years in prison for doctors who perform them.
What did the documents say about the case?
JOHN YANG: Well, first of all, the caveat, we don't know if this is a final draft.
We don't know how many reiterations there may be before it's formally released.
But what Bloomberg posted says that the court is saying essentially, this case is not ready for us.
So we're sending it back.
We're going to reinstate the district court's injunction, blocking temporarily the Idaho law pending appeal.
And we're sending it back to that court for a trial, where they can hear evidence on both sides.
This is a -- it was a 6-3 decision.
The three most conservative justices, Clarence Thomas, Samuel Alito, and Neil Gorsuch, all dissented.
And one of the liberal justices, Justice Ketanji Brown Jackson, had a little bit of a dissent.
She said she thought the court ought to go ahead and decide this now.
She wrote: "While this court dawdles and the country waits, pregnant people experiencing medical conditions remain in precarious position, as their doctors are kept in the dark about what the law requires."
We should note, this is the second time this month that the Supreme Court has avoided, sidestepped an abortion case.
Two weeks ago, they avoided a definitive decision the availability of mifepristone by saying that the plaintiffs in those cases did not have standing.
AMNA NAWAZ: So we should underscore here the ruling has not been issued here But does the document tell us how the case could be decided?
JOHN YANG: It's hard to tell.
The three liberal justices all sided with the government.
The Biden administration and said that the Idaho law should be overturned.
The three dissenters, the most conservative of the three justices, said, the Idaho law is just fine and ought to be allowed to stay.
We don't know about the other three justices, the chief justice, John Roberts, Neil -- I'm sorry -- Pat -- Brett Kavanaugh and Amy Coney Barrett.
Their positions aren't clear.
So they're the ones to watch when this case comes back to the Supreme Court, as it almost surely will.
AMNA NAWAZ: You will be watching and we will be following.
Thank you for adding clarity to a rather confusing day on the Supreme Court.
John Yang, good to see you.
JOHN YANG: Thanks.
Biden pardons veterans convicted under military gay sex ban
Video has Closed Captions
Clip: 6/26/2024 | 5m 43s | Biden pardons veterans convicted under military's former ban on gay sex (5m 43s)
The chances of a prisoner swap as Gershkovich's trial begins
Video has Closed Captions
Clip: 6/26/2024 | 9m 23s | As Gershkovich's trial begins, a look at the chances of a U.S.-Russia prisoner swap (9m 23s)
Christian communities face growing political divide
Video has Closed Captions
Clip: 6/26/2024 | 11m 48s | Christian communities face growing political divide as religious affiliation declines (11m 48s)
Experts provide insights on border situation ahead of debate
Video has Closed Captions
Clip: 6/26/2024 | 9m 27s | As immigration emerges as key election issue, experts provide insights on border situation (9m 27s)
New HIV shows promise in preventing infections in trials
Video has Closed Captions
Clip: 6/26/2024 | 6m 24s | New HIV drug taken twice a year shows promise in preventing infections in trials (6m 24s)
Providing Support for PBS.org
Learn Moreabout PBS online sponsorshipSupport for PBS provided by:
Major corporate funding for the PBS News Hour is provided by BDO, BNSF, Consumer Cellular, American Cruise Lines, and Raymond James. Funding for the PBS NewsHour Weekend is provided by...