Supreme court strikes down restrictive Louisiana abortion law

Supreme Court

The two justices have ruled against abortion rights during their judicial careers and had fueled hopes among abortion opponents that the Supreme Court would be more likely to uphold restrictions.

Whole Woman's Health, which was decided the Supreme Court in 2016, struck down an nearly identical abortion restriction law in Texas by a 5-3 vote, reasoning that it offered minimal medical benefit and imposed an undue burden on access to abortion.

The case of June Medical Services v. Russo questioned Louisiana's requirement that doctors who perform abortions must have admitting privileges at a local hospital. The long line of cases behind the Texas law from Roe to Casey to Whole Woman's Health is not one Roberts was willing to disturb.

"I am unconvinced that any justice of the Supreme Court who decided Whole Woman's Health would endorse our opinion", Higginson wrote. "The question today however is not whether Whole Woman's Health was right or wrong, but whether to adhere to it in deciding the present case", Roberts wrote.

"The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike", he said. "The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons".

Justice Roberts pointed to the earlier case when deciding to reject the Louisiana law.

Justice Stephen Breyer wrote the majority opinion striking down the Texas law, arguing sensibly that prior to the frivolous regulations, "abortion was an extremely safe procedure with very low rates of complications and virtually no deaths", and there were "no significant health-related problem for the new law to cure". Roberts Jr. added his crucial fifth vote to those of the court's four-member liberal wing, saying that respect for precedent compelled him to do so, even though he had voted to uphold an essentially identical Texas law in a 2016 dissent.

The court's decision to revisit the issue of admissions privileges anxious proponents of abortion rights given Chief Justice Roberts's support for the Texas law.

"With its decision today, the Court has destroyed the right of states to provide oversight and regulation of abortion clinics, treating them like every other outpatient surgery center".

In the decision of Roe v. Wade in 1973, established the constitutionality of a woman's right to have an abortion. Because the state did not establish that the law served the state interest in protecting women's health, the law constituted an undue burden on women's right to abortion. The two laws, Breyer wrote, are "almost word-for word identical", meaning the court must reach the same result.

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It was then that a police officer and a sergeant used their duty rifles and shot at the suspect, he added, NBC News reported. He crashed his vehicle into the lobby area, causing a fire, where a few employees were working. 'I just know it was a lot'.

"The Supreme Court devalued both the health of mothers and the lives of unborn children by gutting Louisiana's policy that required all abortion procedures be performed by individuals with admitting privileges at a nearby hospital".

This is the first major abortion case ruling from the Supreme Court during the Trump presidency.

This case was about whether the state has the right to ensure that abortionists who take women's money also provide for their safety.

As Julie Rikelman, lawyer for the Louisiana abortion clinic said during oral arguments, the vast majority of abortion lawsuits are brought by health-care providers on behalf of their patients. And the idea that a regulated party can invoke the right of a third party for the objective of attacking legislation enacted to protect the third party is stunning.

And just as it was when The Last Abortion Clinic was released, the focus in the abortion fight is back on the Supreme Court.

A 5-4 decision from the Supreme Court in February 2019 blocked the law temporarily as the justices considered the case.

The year Louisiana's law was passed, the vast majority of women who obtained abortions had a high school diploma as their highest academic qualification.

Thomas argued the provider did not have jurisdiction: "They concede that this right does not belong to them, and they seek to vindicate no private rights of their own".

It's also a comfort to liberals who feared that the Court had irreparably been yanked ideologically to the right with the additions of Justices Brett Kavanaugh and Neil Gorsuch.

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