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Speaker 1: This is breaking new loose from Bloomberg.

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Speaker 2: Here in Washington, we are all focused on the news

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Speaker 2: that Bloomberg just exclusively broke the Supreme Court inadvertently today,

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Speaker 2: posting a copy of an opinion on its website that

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Speaker 2: would suggest the Court is poised to allow emergency abortions

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Speaker 2: in the state of Idaho. Joe, this is a big deal,

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Speaker 2: not final yet as this is not a formal issuing

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Speaker 2: of an opinion, but still suggests that the Court in

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Speaker 2: this case may be delivering a win for abortion rights.

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Speaker 1: That's right, and for Joe Biden the day before the

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Speaker 1: first presidential debate. The timing here is remarkable, Kaylee. We're

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Speaker 1: in the midst of a three day tour here. When

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Speaker 1: it comes to opinions, we did expect and still do

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Speaker 1: to get more tomorrow, but we thought the Court was

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Speaker 1: done for the day. We got to this morning and

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Speaker 1: this dropped a short time ago. Thanks to our team

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Speaker 1: at Bloomberg News and at Bloomberg Law bringing this to us. Now,

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Speaker 1: the question remains, once again, will the Court do anything formal?

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Speaker 1: We want to turn to June Grosso from Bloomberg Law,

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Speaker 1: the host of Bloomberg Law here on Bloomberg radio and

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Speaker 1: TV and June, it's great to see you here. I

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Speaker 1: suspect you didn't think we'd be talking about this either

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Speaker 1: after this morning's opinions were released. This is going to

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Speaker 1: lead to a whole investigation. We have no idea how

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Speaker 1: this was posted right right.

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Speaker 3: You know, it could have just been some administrative assistant

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Speaker 3: by mistake posted it and then took it back. I mean,

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Speaker 3: I'm sure there'll be an investigation into this, and hopefully

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Speaker 3: you'll get more information than you did on the political

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Speaker 3: leak of the Dobbs decision. But if you know what

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Speaker 3: we see is true, it's a huge decision and it

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Speaker 3: means and it also affects other states like Texas that

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Speaker 3: have similar laws. I mean, this case was so important

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Speaker 3: that the trial judge had issued a ruling putting this

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Speaker 3: law on hold and saying that, you know, the emergency

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Speaker 3: procedures could go forward, and the Supreme Court said no,

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Speaker 3: they they put a stop to that, and then they

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Speaker 3: just ought to take the case without it going to

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Speaker 3: an appellate court. So that's how important this is. And

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Speaker 3: you know, it could show whether or not the federal

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Speaker 3: law is going to take the place or supersede the

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Speaker 3: state law, which is what the Biden administration argued in

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Speaker 3: this case. They said, if you're taking, as Kelly said,

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Speaker 3: you're taking Medicare funds, you have to follow the Atala law,

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Speaker 3: and that provides for emergency room procedures of abortion if

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Speaker 3: a woman's life is seriously at risk. And during the

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Speaker 3: oral arguments, Justice Kagan was really sort of you know,

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Speaker 3: I want to say, she was emphatic about saying that,

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Speaker 3: you know, you don't have to wait until the woman's

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Speaker 3: life is in jeopardy, is in threat, in order to

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Speaker 3: have this procedure. And it was very the oral argument,

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Speaker 3: you couldn't tell which way the court was going to go.

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Speaker 3: I mean, you knew that the three liberals were going

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Speaker 3: one way and the three very conservatives were going the

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Speaker 3: other way. But then the three in the middle, Justice

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Speaker 3: Chief Justice Roberts, Justice Amy Tony Barrett, and Justice Brett Kavanaugh,

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Speaker 3: where were they? They were all over the place.

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Speaker 2: Well, of course, we'll await finding out for sure who

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Speaker 2: the drafter of the final opinion is. But in what

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Speaker 2: was briefly posted online, they indicated that the majority is

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Speaker 2: going to dismiss this case as improvidently granted, which probably

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Speaker 2: relates to what you were just speaking to June whether

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Speaker 2: the Court should have taken this up in the first place.

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Speaker 2: But this is a kind of a pattern I've noticed

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Speaker 2: to merge with recent opinions where the court doesn't seem

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Speaker 2: to necessarily be deciding the merits of the case, but

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Speaker 2: rather standing, as was the case in the social media

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Speaker 2: Biden administration relationship ruling they made earlier this morning, and

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Speaker 2: in the other abortion related case, access to mif A Pristone,

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Speaker 2: which they did rule in favor of, they did so

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Speaker 2: on the grounds of standing. It doesn't seem that they're

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Speaker 2: necessarily deciding the merits around these abortion rates.

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Speaker 3: You're right, throwing this at is improvidently granted. Is another

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Speaker 3: way to dispose of it, and it's because they're trying

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Speaker 3: to get you know, they're trying to get five vote

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Speaker 3: in order to decide the case. And in a lot

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Speaker 3: of these cases, the easiest way is to say there

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Speaker 3: was no standing. Now, the MYFI pristone case, that really

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Speaker 3: there was no standing there. Everyone who saw that initially

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Speaker 3: said why why do these doctors have the right to sue?

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Speaker 3: And it's still going to go. States are still trying

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Speaker 3: to sue over that. So in the mif of pristone

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Speaker 3: case that was definitely no standing. But in the you know,

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Speaker 3: in the case today they found no standing and that

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Speaker 3: you know, they could have gone either way, so it's

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Speaker 3: an easier way for them to deal with it. But

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Speaker 3: what happens is the lower courts don't get guidance and

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Speaker 3: we don't get information as far as the public to

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Speaker 3: know where they stand on these issues. You know, how

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Speaker 3: far can the Biden administration go in correcting misinformation online? Now?

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Speaker 3: We don't know that because the decision is off on

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Speaker 3: a procedural ground. And I had a professor I talked

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Speaker 3: to recently say that, you know, lawyers can find a

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Speaker 3: procedural reason for anything which is true. I can find

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Speaker 3: a procedural reason if you're looking for it, and they're

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Speaker 3: lo it seems.

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Speaker 2: Yeah, all right. Jane Grosso, host of Bloomberg Law, thank

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Speaker 2: you so much for your instant analysis on this breaking

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Speaker 2: news story exclusive to Bloomberg. The Supreme Court poised to

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Speaker 2: allow emergency abortions in Idaho. We want to get more

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Speaker 2: reaction now with a special guest, I'm pleased to say

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Speaker 2: who is joining us here in our Washington, d C studio.

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Speaker 2: Dana Nessel the Attorney General of the state of Michigan

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Speaker 2: is now joining us. Welcome to Balance the Power. Thank

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Speaker 2: you so much for being here. While you're here in Washington,

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Speaker 2: could I just ask you first about your reaction to

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Speaker 2: the news Bloomberg has broken today, this opinion that seems

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Speaker 2: inadvertently to have been posted on the website, but as

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Speaker 2: a court ruling in favor of abortion rates, it seems

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Speaker 2: are poised to.

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Speaker 4: At least well, you know, fortunately in Michigan, in the

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Speaker 4: wake of Dobbs. You know, we had very restrictive laws

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Speaker 4: that were on the books that were unenforceable, but in

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Speaker 4: twenty twenty two, we passed the Reproductive Freedom for All Ballots,

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Speaker 4: which you know, enshrined reproductive freedoms into our state constitution.

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Speaker 4: So we haven't been worried about this particular situation in

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Speaker 4: my state. But I've met with women in states with

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Speaker 4: very restrictive bands all over the country, and I can

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Speaker 4: tell you that women of reproductive age and the people

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Speaker 4: who love them all around the United States are probably

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Speaker 4: collectively signing some you know, a breath of relief right

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Speaker 4: now because of how incredibly scary it is to think

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Speaker 4: that you could be in this situation where you need

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Speaker 4: emergency medical care, you're facing the loss of an organ,

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Speaker 4: your fertility is at stake, and you know you're literally

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Speaker 4: looking at potentially dying and having physicians have to, you know,

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Speaker 4: violate their hippocratic growth and say I can't treat you

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Speaker 4: because I'm afraid of going to jail for it. So

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Speaker 4: I think for women all across America, this is a victory.

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Speaker 4: If that is in fact an accurate meant what was

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Speaker 4: on the website. It does give me some pause that

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Speaker 4: now this is the second time in a few years

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Speaker 4: that we're seeing something accidentally posted or distributed, and it

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Speaker 4: makes me wonder what's going on at the United States

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Speaker 4: Supreme Court right now. But you know, we've seen this

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Speaker 4: exponential rise in both maternal mortality as well as infant

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Speaker 4: mortality ever since the Dab's decision came out, and hopefully,

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Speaker 4: if this is a real ruling from the court, it

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Speaker 4: will do something to curtail the number of deaths we've seen.

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Speaker 1: So are you encouraged then to see what is apparently

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Speaker 1: forthcoming from the court. And I wonder if you think

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Speaker 1: they should just come out with it today following the

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Speaker 1: ruling on mifipristoe maintaining access to the abortion pill, or

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Speaker 1: you discourage that both, to Kaylee's point, earlier have been

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Speaker 1: essentially rulings on standing.

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Speaker 4: Yeah. I have a theory about that. Yeah. I think

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Speaker 4: that these are not cases that the High Court wanted

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Speaker 4: to hear. I think they were sort of forced upon

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Speaker 4: them by incredibly conservative circuit courts of appeal that really

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Speaker 4: have forced the hand now of the United States Supreme Court.

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Speaker 4: And I've seen decision after decision where I don't think

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Speaker 4: that the justices wanted to rule on this particular case

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Speaker 4: at this particular time. I don't think that the majority

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Speaker 4: of justices by that, I mean six of them on

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Speaker 4: the Supreme Court have an interest in restricting Second Amendment

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Speaker 4: related rights. They don't like in general the gun safety laws.

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Speaker 4: They don't like the use of mifipristom. But these are

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Speaker 4: poor vehicles that have come to them to allow them

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Speaker 4: to further restrict abortion rights or gun safety measures or

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Speaker 4: things of that nature. So what we're seeing is they

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Speaker 4: are finding other ways to dispose of these cases without

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Speaker 4: having a rule on the merits, and that allows them

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Speaker 4: the freedom in the future to say, well, we're not

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Speaker 4: contradicting a prime decision. We're not overturning any sort of precedent.

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Speaker 4: We got rid of that case on standing, and that's

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Speaker 4: what they're continuing to do.

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Speaker 2: But should the Court not have expected these kind of

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Speaker 2: challenges to ultimately reach them after they ruled and Dabbs

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Speaker 2: to essentially overturn the constitutional right to an abortion. It

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Speaker 2: was only inevitable that certain state laws or access to

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Speaker 2: certain procedures or medications we're going to have to be

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Speaker 2: called into question just because of the uncertainty that ruling created.

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Speaker 4: Now, you would think so, and you would think that

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Speaker 4: that would be their thought as well. But I think

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Speaker 4: some of these cases are just so controversial and so

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Speaker 4: anathetical to public opinion. And you already have the Supreme

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Speaker 4: Court in a place where, you know, we've never had

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Speaker 4: such low confidence or respect for this court, and they've

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Speaker 4: been mired in ethical scandals, and every time they issue

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Speaker 4: a ruling that is deeply unpopular with the public, they

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Speaker 4: risk having their integrity impugned more and more. And so

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Speaker 4: I think that might be part of the calculus with

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Speaker 4: some of these rulings as well. And again, because these

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Speaker 4: are cases that are being you know, essentially tossed on

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Speaker 4: standing or improvidently granted or something of that nature. It

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Speaker 4: does still leave room for future rulings where they can

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Speaker 4: still continue to chip away at reproductive rights or the

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Speaker 4: rights of people to have, you know, gun safety laws

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Speaker 4: or other things that are frankly very popular in America.

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Speaker 1: Is breaking new when he was from Bloomberg