Supreme Court stops Louisiana abortion law from being implemented

Supreme Court stops Louisiana abortion law from being implemented

Kerry Wise
February 11, 2019

Although the Court now has a majority of five conservative Justices, one of them, Chief Justice John G. Roberts, Jr., voted with the Court's four more liberal Justices to put the law on hold temporarily.

The statute, which requires doctors performing abortions to have admitting privileges at a hospital within 30 miles of their clinic, is essentially identical to a Texas law struck down as unconstitutional in the 2016 Whole Woman's Health v. Hellerstedt.

"While the far left was quick and enthusiastic with their criticism today, it's noteworthy that they greeted Justice Kavanaugh's decision in the recent Planned Parenthood case - where he provided the decisive vote in Planned Parenthood's favor - with near total silence", she said.

Kavanaugh wrote a dissenting opinion in which he said the court's action was premature because the state had made clear it would allow abortion providers an additional 45 days to obtain admitting privileges before it started enforcing the law. "The Supreme Court rightfully refused to uphold a brazen and unconstitutional attempt to ignore identical cases that are meant to shutter abortion clinics in the state, making Roe v. Wade obsolete".

The U.S. Supreme Court's decision to block a Louisiana law related to abortion services has got the attention of locals and people around the country.

The Supreme Court said in 2016 that the restrictions in the Texas law constituted an undue burden on a woman's right to seek an abortion. For instance, a convicted bank robber can appeal to a circuit court, but not on the basis that she didn't do it because she was in another city at the time of the robbery: That question has already been decided at the trial court level: She was at the bank. Justices could decide to bring the case before the court as soon as this spring.

Of course, he was also a conservative spoiler during the whole Obamacare individual mandate debate in 2012.

The justices still may hear the case.

Hogue told me, "Susan Collins gaslighted millions of Americans claiming we were hysterical in believing that Justice Kavanaugh would vote to overturn precedent".

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Lyle Denniston has been writing about the Supreme Court since 1958.

In either case, the US would become, in effect, the "divided states of reproductive health and rights". Abortion rights groups contended that such laws have no health benefits and are designed only to make it harder for many women to obtain abortions.

The order is only temporary, as the plaintiffs in the case file an appeal to the Supreme Court to hear the merits of their challenge.

The four more conservative justices, including Neil Gorsuch and Brett Kavanaugh, would have allowed it to take effect. The Supreme Court said in the Texas case that neither was needed to protect women's health and that both requirements imposed "a substantial burden" on a woman's right to abortion. But even before yesterday's decision, everybody widely expected him to be the new swing vote on abortion.

Three of the last abortion clinics in Louisiana remain open after the U.S. supreme court stopped a law that threatened to shut them down.

"We know that the stated intent of the legislation is to provide more protections for women in abortion operations, but what we know is that the actual effect is that several clinics have closed down since the implementation of this law, so it really acts to limit access to women, especially in their attempt to attain safe abortion care", said Hebert.

It was signed into law in 2014, but a federal judge blocked it, later ruling the law unconstitutional.

The supreme court voted late on Thursday evening to stop the law in Louisiana. Chief Justice William Rehnquist had been a fierce critic of the Supreme Court decision that requires police officers to advise arrestees of their Miranda rights to remain silent and have a lawyer represent them.

As a comparison, let's look at the other case the Supreme Court handed down on Thursday, which concerneda Muslim death-row inmate in Alabama who requested to have an imam present at his execution.