Supreme Court Nixes Louisiana Pro-Life Reform

Supreme Court blocks Louisiana abortion clinic law

While four justices dissented, Kavanaugh penned the dissent (pdf). The best way to find out which prediction was right, he added, would be to let the law take effect. The appeals court denied January 18 a request for a review by all the judges.

But if the Supreme Court were to overturn its ruling on the Texas law and validate the Louisiana law, it would have effectively overturned Roe v. Wade, yet in a way that won't produce screaming headlines reading "Roe Overturned!"

Louisiana adopted Act 620 in 2014, requiring doctors performing abortions to have privileges to treat patients within a 30-mile radius.

Roberts actually voted against the court's 2016 Hellerstedt decision that struck down a Texas law requiring admitting privileges that are exactly the same as those in Louisiana. "If the justices decide to take up the case, which seems likely because the prospect that the Supreme Court will grant review is one of the criteria that the justices considered before granting the stay, oral argument would likely be held in the fall of 2019 or winter of 2020, with a decision by the end of June 2020". A decision on whether the high court will take on the abortion clinic legislation could come this spring. "No, of course not", Cornell law professor Michael Dorf, who closely follows the court, wrote on his blog. The Fifth Circuit Court of Appeals had upheld the law. Pro-choicers said the law would have forced abortion clinics to close.

In a press release, Demand Justice said it is also running "static Facebook ads reminding Mainers of Collins' vote for Kavanaugh".

In their first major test on the issue, Gorsuch and Kavanaugh met the expectations of the antiabortion groups that supported their nominations.

Justice Samuel Alito delayed implementation of the Louisiana law by one week on February 1.

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In his dissent, Kavanaugh cited the law's 45-day window for doctors to obtain the admitting privileges to stay within the law.

The author of the opinion, Justice Anthony Kennedy, has since retired, however, and his Trump-appointed replacement, Brett Kavanaugh, voted to allow the Louisiana law to go into effect. "They need to know that we're doing something different, that we're applying the law", Roberts said during an appearance this week at Tennessee's Belmont University.

Responding to the news, Americans United for Life attorney Rachel Morrison framed the decision as simply giving the justices "more time to look at all of the specific factual nuances in the case", after which "AUL is confident that the Justices will vote to uphold Louisiana's common-sense safety measure that will protect Louisiana women from substandard abortion doctors". If this is a display of Kavanaugh's Solomonic wisdom, I'd honestly hate to see how he resolves disputes on those sports teams he's so fond of coaching.

The Supreme Court recognized a woman's constitutional right to an abortion and legalized the procedure nationwide in the landmark 1973 Roe v. Wade ruling.

"The Supreme Court has stepped in under the wire to protect the rights of Louisiana women", Center for Reproductive Rights President and CEO Nancy Northup said in a statement following the vote.

In the death penalty case, it was the conservatives who prevailed, and the liberals who complained. The federal appeals court in Atlanta had ordered the execution halted, but the Supreme Court lifted the hold and allowed it to proceed.

With the law set to go into effect Friday, the Center for Reproductive Rights requested an emergency halt February 1, which the Supreme Court agreed to, to allow for deliberations. Without mentioning the claim's religion aspects, they said in an unsigned order that Ray should have made his request and filed his suit earlier. Seated from left: Stephen Breyer, Clarence Thomas, John Roberts, Ruth Bader Ginsburg and Samuel Alito. He said the majority would unnecessarily delay the case based on hypotheticals.

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