Like the Texas law that the court previously struck down, the Louisiana law requires any doctor performing an abortion to have admitting privileges at a nearby hospital; it also requires that clinics that provide abortions be, in effect, minihospitals, with everything from wide corridors to expensive equipment. Chief Justice John Roberts joined the Supreme Court's four liberals Thursday in putting the law on hold pending a full review of the case.
President Donald Trump's two Supreme Court appointees, Justices Neil Gorsuch and Brett Kavanaugh, were among the four conservative members of the court who would have allowed the law to take effect. Louisiana's regulation together with its express representations to this Court establish that even without admitting privileges, these three doctors (Doe 2, Doe 5, and Doe 6) could lawfully continue to perform abortions at the clinics during the 45-day transition period. Attorneys representing abortionists appealed to the Supreme Court, arguing the law is no different from the Texas law the Supreme Court struck down in 2016's Whole Woman's Health v. Hellerstedt. Chief Justice John Roberts was the deciding vote and voted to grant the injunction. Justice Brett Kavanaugh, the man who assured Sen.
Because so few abortion providers receive these privileges, the policy would effectively close all but one of the state's few abortion clinics, Tu said.
Kennedy, a conservative who retired in July 2018, had voted to preserve abortion rights in 1992 and again in the 2016 Texas case. "And if a law does not amount to an unconstitutional burden if courts can invent a justification for it, then laws would be upheld even when there is no evidence that they would help any woman, ever".
Pro-choice groups counter that the law will leave just one abortion provider in the state. "Gee-Order.pdf">dissent that rejected the abortionists' complaint on technical grounds, while appearing to concede their underlying premises about the "undue burden" standard.
After the ruling, some Democrats seized on Kavanaugh's vote as proof that he was not following through on his assurances at his confirmation hearing to respect past Supreme Court decisions on abortion. Which means he will nearly certainly vote to uphold the Louisiana law once the court hears it in full.
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"While some doctors could promise 10 patients a year in exchange for admitting privileges, an abortion provider would struggle to refer 10 patients in their entire career", Tu said.
The justices still may hear the case. This Louisiana law is modeled off this Texas law, and the four conservatives who voted to let Louisiana's law stand quite literally ruled that Supreme Court precedent does not have to be obeyed in this arena. Conservative Review's Daniel Horowitz asked.
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. Had Kavanaugh written that Louisiana "pinky promised to not violate the law", his reasoning would have been no less absurd.
Brian Fallon, director of Demand Justice, a liberal group that opposed the Kavanaugh nomination, said the group will launch a digital ad buy of more than $10,000 next week in ME to inform voters of how Collins' vote for Kavanaugh helped lead to the close call in Thursday's ruling.
The Supreme Court is the final defense against risky and unconstitutional attacks on basic rights and freedoms that affect the most important parts of our lives.
Both actions came on emergency requests: in one, to stop the Louisiana law from being enforced and, in the other, to allow the execution of a Muslim inmate in Alabama that a lower court had blocked.
"The new makeup of the Supreme Court indicated that it was likely it would have gone through, which would have had devastating consequences", she said.
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