Supreme Court blocks Louisiana abortion clinic law

Supreme Court blocks Louisiana abortion clinic law

Supreme Court blocks Louisiana abortion clinic law

Kavanaugh said the doctors would continue to be allowed to perform abortions during the 45-day period and would be given leeway by regulators to comply with the law. A district judge said that two of the state's three abortion clinics would have to close if the law went into effect, a finding the appeals court panel dismissed. 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.

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The state law requires abortion providers to have admitting privileges at nearby hospitals, a demand that some argued would have shuttered multiple abortion clinics. Act 620 was modeled specifically after the provisions in Texas' HB 2 that were eventually declared unconstitutional in 2016.

Justices often feel bound by a prior decision of the court, even one they disagree with, at least until the court formally takes on a case to consider overruling the earlier decision. He gutted the Voting Rights Act in Shelby County v. Holder. Has the chief justice had a change of heart and grown to understand that abortion rights without access are meaningless?

"Unfortunately, the supreme court today put enforcement of this pro-woman law on hold for the time being", said Landry.

First, let's get a few details out of the way. The difference between then and now is that Justice Anthony Kennedy, who cast the decisive fifth vote in the 2016 Texas case, retired last June and has now been replaced by Trump appointee Kavanaugh. But dissent signals Kavanaugh's openness to state restrictions on abortion rights with limitations and without overturning Roe v. Wade outright. It's already on appeal from the 7th Circuit.

But the Supreme Court's conservatives, this time including Roberts, overruled. The other four judges are members of the New Orleans-based 5th U.S. Circuit Court of Appeals, which had refused to put the law on hold. "This should be an easy case - all that's needed is a straightforward application of the Court's own precedent".

Thursday's vote was about process. While Justice Roberts is a conservative, he's considered an institutionalist and an incrementalist with a keen desire to protect the court's legitimacy. By that measure, Roberts took the conservative path: He voted to maintain the status quo.

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One reason to grant a stay is because there is a substantial likelihood that the Court will ultimately take the case and then reverse the lower court.

And when they do uphold the Louisiana law after a full hearing, that's what Roberts will accomplish. And it will likely happen next term. Advocates have warned the case shows how women's reproductive rights in the United States hang by a "dangerously thin" thread.

The court on February 1 temporarily blocked the Lousiana law, which was due to go into effect on February 4, while the justices decided how to proceed.

Kavanaugh voted to uphold the law, revealing how he might handle cases in the future. Casting the obvious political vote to deny the stay now, with Kavanaugh on the bench, would have been the death knell in any remaining appearance of Roberts as an independent jurist.

Kavanaugh's dissent proves this point.

Collins played a pivotal role in securing Kavanaugh's nomination when she said she believed he would respect precedent and leave abortion laws intact. It presented a statute that we all knew was unconstitutional, and asked SCOTUS to rule in favor of the law simply because lots of people really, really oppose abortion. But the substance of his dissent doesn't really matter. "The abortion lobby's relentless opposition to regulations like these exposes the industry's drive for profits above all else". Even if that doctor worked seven days a week, the judge said, the physician could not provide for the 10,0000 women a year seeking abortions in the state. As a result of TRAP laws, there are now multiple states with only a single abortion provider.

This dissenting opinion written by Brett Kavanaugh could not be clearer as to his motivations. The appeals court denied January 18 a request for a review by all the judges.

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