This law professor explains the Supreme Court’s plan to kill abortion rights

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, a conservative appointed by President George W. Bush, joined the court's so-called "liberal bloc" of four justices appointed by Democratic presidents to block the law.

Kavanaugh wrote a dissent that said he would have let the law go into effect because the appeals court had said "the new law would not affect the availability of abortions from. the four doctors who now perform abortions at Louisiana's three abortion clinics".

In 2016, the Supreme Court heard the case of Whole Women's Health v. Hellerstedt, which dealt with the constitutionality of a Texas admitting privileges law that was very similar to Louisiana's.

Thursday's action again demonstrates Roberts' role as the key vote on abortion in the Supreme Court, said CNN analyst and University of Texas law professor Steve Vladeck. 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.

"We remain hopeful that if the Supreme Court grants certiorari in this case, it will be to re-affirm that courts rule in fact-specific cases; because the facts in our case show (the bill) is constitutional and consistent with our overall regulatory scheme for surgical procedures".

In the Louisiana case, the appellate court charged that most abortion providers had "sat on their hands", not making any attempt to meet the safety standard. The vote was not a final ruling that the law is unconstitutional, but only a temporary halt until the case comes up for a full review, presumably at the Court's next term, which starts in October. If they're going to eventually uphold the Louisiana law anyway, it's much better not to be so obvious that they're just out to destroy abortion rights wherever they can. If they fail, they could return to court, Kavanaugh said.

Thursday night's Louisiana ruling may have only delayed the coming upheaval. A district judge said that two of the state's three abortion clinics would have to close if the law went into effect, a finding the appeals court panel dismissed. "It's a totally unjustified regulation of political speech that places an undue burden on people trying to exercise their rights".

"The Supreme Court just placed Roe v. Wade on life support", says the headline at ThinkProgress. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

"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.

Judge Brett Kavanaugh at the White House after President Donald Trump announced Kavanaugh's nomination to the Supreme Court on July 9, 2018.

The Louisiana case has been watched closely by both sides in the almost half-century-old constitutional conflict over abortion, to see whether the arrival of new conservative Justices on the Court would change the dynamic on the issue.

It was signed into law in 2014, but a federal judge blocked it, later ruling the law unconstitutional.

The law had been scheduled to take effect Monday, but Justice Samuel Alito delayed the effective date at least through Thursday to give the justices more time.

The State represents, moreover, that Louisiana will not "move aggressively to enforce the challenged law" during the transition period, Objection to Emergency Application for Stay 2, and further represents that abortion providers will not "immediately be forced to cease operations", id., at 25. Notably, Justice Anthony Kennedy, who was considered to be a moderate swing vote, has retired.

Has Roberts "committed himself to reaffirming Whole Woman's Health or any of the court's other abortion decisions?"

There are few high-profile cases on the court's docket this year, seemingly by design, after Kavanaugh's tumultuous confirmation hearings.


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