Health Care

Supreme Court will take up challenge to Louisiana abortion law

Supreme Court will take up challenge to Louisiana abortion law”

The Supreme Court of the United States announced Friday that it would take up its first abortion case since Justice Brett Kavanaugh was added to the bench. Based off the reaction from the left, expect this one to be a doozy in terms of vitriol and rhetoric from pro-choice activists and mainstream media.

"While Ohio does not have an admitting privileges law now, the court's ultimate decision will have a resounding impact across the country", said a statement from Gonidakis that expressed hope the Court will use the case to overturn the 1973 Roe v. Wade decision that legalized abortion nationwide.

"The Supreme Court announced on Friday that it will hear June Medical Services v. Gee, a case that could well be the vehicle the Court's conservatives use to gut the right to an abortion", the lede says.

The Louisiana law would require doctors who perform abortions to have admitting privileges to a nearby hospital.

"The Supreme Court rightfully refused to uphold a brazen and unconstitutional attempt to ignore identical cases that are meant to shutter abortion clinics in the state", said lyse Hogue, president of NARAL Pro-Choice America, an abortion rights group, at the time.

An eight-justice Supreme Court in 2016 struck down an nearly identical Texas law by a 5-3 vote, reasoning that it offered minimal medical benefit and imposed an undue burden on access to abortion. But the narrow majority includedKennedy, who retired previous year. It could also affect the ability of clinics and doctors to sue on behalf of their patients to block abortion rights restrictions. And hospitals increasingly are being taken over by religious organizations, meaning they can refuse to grant privileges to doctors who specialize in abortions. The majority, in a 5-3 decision, said the law created an "undue burden" on women seeking access to abortion.

The high court in February blocked enforcement of the law, while further legal appeals were being filed.

The 5th Circuit U.S. Court of Appeals recently ruled, however, that Louisiana's 2014 law is substantively different from the Texas measure and should be upheld because it does not "impose a substantial burden on a large fraction of women" in the state.

For Roberts, it was a rare vote against an abortion restriction in more than 13 years as chief justice, perhaps a reflection of his new role since Kennedy's retirement as the court's swing justice and his concern about the court being perceived as a partisan institution.

The court announced Friday it has chose to review June Medical Services LLC v. Gee, NPR reports.

While the case does not directly challenge Roe v Wade, supporters of abortion rights are fearful that this is the first of what could be a growing number of opportunities for the new conservative majority to chip away at abortion rights. "Each places a substantial obstacle in the path of women seeking a pre-viability abortion, each constitutes an undue burden on abortion access, and each violates the federal Constitution". "We at Whole Woman's Health know, however, that the same laws will have the same effects in Louisiana that they did in Texas". The federal appeals court in Chicago upheld the law, though grudgingly. Gee are likely to be held next year.

The court has also been asked to hear a separate dispute over a state abortion law in IN, but it has not agreed to hear that case.

The Center for Reproductive Rights, which is challenging the law, says its implementation would force closure of every abortion clinic in Louisiana except one.



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