 The case is the first since Roe to test a state abortion ban and whether federal law protects access to emergency abortion at the ER when a woman's health is at risk. The document signals that justices are poised to dismiss the case, sending it back to lower courts, which would allow emergency abortions in Idaho for now. This is the second time an abortion ruling got out early. You'll remember two years ago, an early draft of the decision overturning Roe was leaked months before it was announced.