Supreme Court Blocks Abortion Restrictions in Louisiana
Feb 10 2019
Hope Medical Group challenged the law's requirement that doctors who perform abortions must have an arrangement called "admitting privileges" at a hospital within 30 miles (48 km) of the clinic.
Porter, author of the original legislation that's now spread to other states, noted the health challenges facing liberal Justice Ruth Bader Ginsberg and suggested that conservatives will have "yet another judge on the court by the time we get there". The act was scheduled to take effect on Friday. Backers of these bills said they were undeterred by the Supreme Court's latest action.
And now they have been joined by Justice Cavanaugh (spelled with a "C" for Susan Collins, whose stated trust in his assurances on abortion rights was absurd). The case presented the question of whether to stay enforcement of Louisiana's 2014 "Unsafe Abortion Protection Act". "If the justices decide to take up the case, which seems likely because the prospect that the Supreme Court will grant review is one of the criteria that the justices considered before granting the stay, oral argument would likely be held in the fall of 2019 or winter of 2020, with a decision by the end of June 2020".
"The U.S. Court of Appeals for the 5th Circuit maintained that the burdens imposed by Louisiana's admitting privileges requirement are less severe than the burdens imposed by the same requirement in Texas", writes Litman.
"Multiple pro-life activists were initially pleased that not only did Justice Kavanaugh join Justices [Neil] Gorsuch, [Clarence] Thomas, and [Samuel] Alito in voting against the stay, but Kavanaugh actually penned a short dissent", French continues. Whelan said he would be "very surprised" if Roberts considers a 2016 decision on a similar Texas law to be "sound precedent".
So on issues like that one, Roberts will tread carefully, trying to accomplish conservative goals while protecting the Republican Party from the consequences of its worst instincts.
If abortionists cannot, obtain admitting privileges, Kavanaugh continued, "even the State acknowledges that the law as applied might be deemed to impose an undue burden for purposes of Whole Woman's Health", and the abortionists could then bring a new case.
Clark said if her critics weren't griping about Kavanaugh, they would be targeting Collins for something else.
They blamed the four-term ME senator for providing Kavanaugh with the opportunity to join the losing side of a 5-4 ruling that blocked proposed restrictions on who could perform abortions in Louisiana. A federal judge in Louisiana blocked the law in 2017, but Louisiana appealed the ruling to the 5th Circuit Court of Appeals, which reversed the lower court's ruling, sending the case to the Supreme Court. The state argues that it ensures women's safety and a higher level of provider competence.
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.
Has Roberts "committed himself to reaffirming Whole Woman's Health or any of the court's other abortion decisions?"
With the law set to go into effect Friday, the Center for Reproductive Rights requested an emergency halt February 1, which the Supreme Court agreed to, to allow for deliberations. There's no guarantee that Roberts will be with his liberal colleagues then.
By taking up the case, he would have the opportunity to overrule 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.