Supreme Court strikes down Louisiana abortion law restricting providers
Jul 01 2020
The Louisiana law burdens women seeking pre-viability abortions to the same extent as the Texas law, according to factual findings that are not clearly erroneous.
The US Supreme Court on Monday struck down a Louisiana law that tightly restricted access to abortion in the first constitutional test of abortion rights since President Donald Trump named two conservative justices to the top court. "The result in this case is controlled by our decision four years ago invalidating a almost identical Texas law, " Roberts wrote.
Roberts Jr. joined with liberals on the Supreme Court to strike down a Louisiana abortion law.
"In an unfortunate ruling today, the Supreme Court devalued both the health of mothers and the lives of unborn children", said a statement from spokeswoman Kayleigh McEnany.
Roberts's alignment with the court's four liberals was striking because he declared that he continues to believe that the 2016 Texas case was "wrongly decided", but that it nonetheless should be adhered to in the Louisiana case.
Specifically, the bill had required doctors to have a formal affiliation called "admitting privileges" to perform abortions at a hospital within 30 miles (48 km) of the clinic.
The Louisiana law is just one of several abortion rights cases that will be appealed to the Supreme Court, which include bans on abortion once a fetal heartbeat is detected and the nearly total ban passed in Alabama.
But abortion-rights supporters cited the rarity of the need for hospitalization after an abortion and said women could, if needed, be hospitalized whether their abortion practitioner had admitting privileges or not.
While the state said the requirement was to protect women's health, pro-choice advocates said that it's incredibly rare for women to face complications from an abortion.
The Supreme Court on Monday struck down an abortion clinic restriction law out of Louisiana.
"Ingraham also said that Roberts and Supreme Court Justice Neil Gorsuch chose to "rewrite the 1964 Civil Rights Act" to include gender identity and sexuality as protected classes".
The Court found that that "the law offers no significant health benefit" and that it will "make it impossible for abortion providers to obtain conforming privileges for reasons that have nothing to do with the State's asserted interests in promoting women's health and safety". When Associate Justice Anthony Kennedy retired in 2018, Trump nominated Kavanaugh.
"With this win, the clinics in Louisiana can stay open to serve the one million women of reproductive age in the state", she said in a statement.
During that process, Kavanaugh was repeatedly asked about how he would decide in abortion cases, and the ME senator said she did not believe he would vote to overturn Roe v. Wade. He also said the court's previous abortion opinions on which the latest ruling was based "created the right to abortion out of whole cloth, without a shred of support from the Constitution's text".
In the immigration case, Roberts also joined the four liberals in a 5-4 decision against the administration.
Justice Samuel Alito argued that Roberts was wrong in his application of stare decisis because the Louisiana and Texas laws are actually different.