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Supreme Court blocks Louisiana abortion law

Supreme Court blocks Louisiana abortion law

The Louisiana law, like the one in Texas ruled unconstitutional three years ago, required any doctor performing an abortion in the state to have professional privileges to admit patients to a hospital within 30 miles of the abortion clinic.

The 5-4 vote means the state can not put into effect the law it passed, 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. Justice Kavanaugh wrote a dissent arguing that the majority erred in blocking the law, providing more ammunition to critics who say - and have said since Kavanaugh was first nominated to the court - that the newest justice is intent on attacking the landmark Roe v. Wade decision.

In 2016, the Supreme Court struck down a Texas law in Whole Woman's Health v. Hellerstedt. But it seems inevitable that the court will grant the Louisiana case for full review in its next term, and Roberts' decision on the stay request is not a forecast of whether he will stick with the court's precedent at that time. The clinic appealed to the Supreme Court after the 5th Circuit Court of Appeals ruled that it had not adequately demonstrated that the law would hinder abortion access. Kavanaugh said the Supreme Court should wait and see how the law plays out in the real world before granting such an injunction.

If it turned out they couldn't comply, Kavanaugh said, the doctors could return to court.

Thursday night's Louisiana ruling may have only delayed the coming upheaval. "By voting to allow the Louisiana law to go into effect, four justices gave the okay to states and lower courts to limit Roe by whatever means necessary". Brett Kavanaugh will vote to strike down Roe v. Wade the minute he gets the opportunity, and activists around the country should already have a strategy ready to pressure Roberts to uphold the Court's legitimacy (again) once this inevitability arrives on the Supreme Court's docket.

And, in the death penalty case, Justice Elena Kagan wrote a powerful dissent that said her conservative colleagues were so intent on hastening executions that they were willing to overlook a "core principle" of religious neutrality. "The three clinics left in Louisiana can stay open while we ask the Supreme Court to hear our case".




The Louisiana clinics had argued that they would have been forced to stop performing abortions immediately and that clinics, once closed, are hard to reopen. "The abortion lobby's relentless opposition to regulations like these exposes the industry's drive for profits above all else".

Even if the Court does not overturn Roe, it's still possible for it to whittle away at abortion access by giving constitutional protection to state TRAP laws, like the Louisiana law, which have the practical effect of denying access to abortion.

Hogue told me, "Susan Collins gaslighted millions of Americans claiming we were hysterical in believing that Justice Kavanaugh would vote to overturn precedent". "Rather, the question should be whether the Louisiana law confers any benefits relative to the cost imposed on abortion".

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. The stay will remain in place until the Supreme Court decides whether or not to hear the case challenging the Louisiana law on its merits. It was blocked after U.S. District Judge John deGravelles held a hearing and found that the state law is a remedy for "a problem that does not exist".

Although Kavanaugh does not have an extensive record ruling on reproductive rights cases, Trump promised to appoint only "pro-life" justices.

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.

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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