Sunday, 12 July, 2020

US Supreme Court rejects key challenge to abortion rights

Enlarge this image Enlarge this image
Cecil Davis | 30 June, 2020, 16:11

John Kennedy (R-LA) accused Supreme Court Chief Justice John Roberts of flip-flopping by ruling in favor of striking down Louisiana's abortion statute after he voted to uphold the "same statute, same issue", in Texas wen the court ruled four years ago.

The question before the court in Monday's ruling was whether Louisiana's 2014 law requiring doctors at abortion clinics to have admitting privileges at nearby hospitals would unduly burden women seeking an abortion.

But Roberts gave them hope that a different challenge to abortion rights might succeed in the future in the conservative court. The Supreme Court first ruled that a woman had a constitutional right to have an abortion in the 1973 case Roe v. Wade. "The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons".

The Supreme Court has, yet again, made clear that it rejects the pretext that these laws are meant to protect women's health.

In dissent, Justice Clarence Thomas wrote, "Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction".

The latest issue for Republicans came on Monday when the court struck down a Louisiana abortion law.

He said his decision to join with the progressives in the case, June Medical Services v Russo, was strictly on institutional grounds, and not because he believed the Louisiana law was unconstitutional.

In the June 29 decision, Chief Justice John Roberts provided the margin needed for the justices who voted to reverse an opinion by the Fifth Circuit Court of Appeals in New Orleans that upheld the law.

Nancy Northup, president of the Center for Reproductive Rights, said they were relieved that the court blocked the Louisiana law.

TikTok Removed From App Store, Google Play, After Government Bans 59 Apps
This decision is a targeted move to ensure safety and sovereignty of Indian cyberspace", the statement added. We reached out to TikTok for a response to the ban, but received no immediate response.

The legal principle of precedents governing the court's decision-making "requires us, absent special circumstances, to treat like cases alike", Roberts wrote.

Read the Supreme Court's full decision, including a summary of the case, the opinions by Breyer and Roberts, and dissents from Thomas, Samuel Alito, Neil Gorsuch and Brett Kavannaugh, below.

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. "Louisiana's admitting privileges law protected that right".

Marjorie Dannenfelser, president of the anti-abortion Susan B. Anthony List, said, "Today's ruling is a bitter disappointment".

Yet earlier this month the court expanded equal protection rights to gay and transgender people, and sustained protections for certain undocumented immigrants that Trump had sought to end.

He also argued that overruling precedent should be considered when a case is an "outlier".

The ERLC, joined by the Lutheran Church-Missouri Synod, contended in a friend-of-the-court brief in support of the Louisiana law the "undue burden" test is the incorrect standard for laws that regulate abortion doctors. The court's four liberals agreed, though they disagreed the restrictions were improper.

However, there was plenty of evidence that getting admitting privileges can be hard. But under Trump, the department backed the Louisiana law.