Supreme Court blocks Louisiana abortion clinic regulations

Supreme Court blocks Louisiana abortion clinic regulations

Supreme Court blocks Louisiana abortion clinic regulations

The state law, passed in 2014, would have required doctors who provide abortion services to be certified to practise at a nearby hospital.

The 5-4 vote means the state can not put into effect the law it passed, pending a full review of the case. But John Roberts, along with Clarence Thomas, Samuel Alito, Neil M. Gorsuch, and Brett Kavanaugh, ruled that the inmate had waited too long (five whole days) to file his claim, and therefore he can be executed without a representative of his faith in attendance. Kavanaugh's opinion argues that if the other three doctors aren't able to get admitting privileges, that could present an "undue burden" to abortion access (the standard set up under Roe v. Wade and recently affirmed in the Texas case, Whole Woman's Health v. Hellerstedt).

The Supreme Court, divided 5-4, has temporarily blocked implementation of a Louisiana abortion law almost identical to the Texas law the high court struck down in 2016.

"The case largely turns on the intensely factual question whether the three doctors-Doe 2, Doe 5, and Doe 6-can obtain admitting privileges", Kavanaugh said in a written dissent.

Jon "Bowzer" Bauman, a liberal activist who once sang with Sha Na Na, wrote to Collins on Twitter to tell her to "get ready to explain to your constituents whether you're so dumb & naive you got duped by Kavanaugh or you secretly want Roe overturned". Reduced to eight justices after the death of Justice Antonin Scalia, the court ruled by a 5-3 margin that the Texas law was unconstitutional.

With the Louisiana law about to take effect, abortion providers in Louisiana went to the Supreme Court, seeking an emergency order putting the lower court decision on hold until it can be reviewed by the nine justices.

"We are disappointed this law has been enjoined, but we are hopeful that the state of Louisiana will prevail in the end", Travis Wussow, general counsel and vice president for public policy of the Southern Baptist Ethics & Religious Liberty Commission, said in written comments for Baptist Press.

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In cases on what has been called the court's "shadow docket", those in the majority typically do not provide detailed reasoning for why they granted or denied the requests. They said that it was not medically necessary, abortion is a safe procedure, and in fact the law would leave only one provider in the state. If they can, he writes, "the Louisiana law as applied would not impose an undue burden".

The Court's action marked the first time that Justice Kavanaugh, the newest member of the Court, had taken part in a case before the Court on abortion rights. So the court could hear that case quickly if it chose to. That may sound innocuous, but it's a TRAP (Targeted Restriction of Abortion Providers) law aimed at shutting down abortion clinics.

Ilyse Hogue, president of NARAL Pro-Choice America, applauded the Supreme Court's stay, saying in written comments, "While this particular ruling thankfully falls on the right side of history, it illustrates a sobering reminder: the thread that women's rights hang by is dangerously thin in so many places across the country. Essentially, he argues that there isn't yet any evidence that the Louisiana law will have any immediate effect on abortion access".

If Louisiana's law is allowed to stand it will have an impact far beyond Louisiana.

In the wake of Brett Kavanaugh's dissenting opinion on an abortion case late Thursday, critics called Republican U.S. Sen. 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.

The Supreme Court is the final defense against unsafe and unconstitutional attacks on basic rights and freedoms that affect the most important parts of our lives. "The abortion lobby's relentless opposition to regulations like these exposes the industry's drive for profits above all else".

SHAPIRO: Do you think there are other state laws that are likely to arrive at the high court within the next year or two?

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