The document showed the Supreme Court voted 6-3 to allow abortions in Idaho emergency rooms|Adam Fagen|CC BY-NC-SA 2.0

Chief Justices of the Supreme Court agreed to allow emergency abortion procedures in Idaho, despite the state’s near-total ban on the same, indicates a draft opinion prematurely posted on the court’s website and obtained by Bloomberg on Wednesday.

The document showed the court voted 6-3 to allow abortions in Idaho emergency rooms, but Justices Clarence Thomas, Samuel Alito and Neil Gorsuch disagreed.

The case is about whether a federal law that requires hospitals to provide emergency care should override Idaho’s strict abortion ban. The 1986 law, EMTALA, was created to ensure hospitals provide emergency care even if patients can’t pay.

President Joe Biden’s administration has argued that this federal law is more flexible, allowing emergency abortions to stabilize a patient’s health.