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Supreme Court strikes down Louisiana law on abortion clinic restrictions

Supreme Court strikes down Louisiana law on abortion clinic restrictions”

Chief Justice John Roberts joined the court's more liberal justices in the decision, though his concurrence was based on the precedent established by the Texas case.

The big picture: Louisiana had required abortion providers to maintain admitting privileges at a nearby hospital.

This then, in turn, constitutes an undue burden on a woman's constitutional right to seek an abortion, they said.

The Supreme Court ruled Monday that Louisiana's tough restriction on abortion violates the Constitution, a surprising victory for abortion rights advocates from an increasingly conservative court.

"Under principles of stare decisis, I agree with the plurality that the determination in Whole Woman's Health that Texas's law imposed a substantial obstacle requires the same determination about Louisiana's law", he wrote.

Roberts dissented in that case, which was called Whole Woman's Health v. Hellerstedt, but voted with the liberals in the Louisiana case based on the court's tradition of adhering to its precedents, he said. "Therefore, Louisiana's law can not stand under our precedents", Roberts added.

Roberts was a question mark as the case unfurled, though some speculated that an eye on his legacy and discomfort with overtly political moves would prompt him to join the liberals. At issue was whether the justices would adhere to their precedent or cast it aside on the grounds that it interfered with the state's authority to regulate abortion.

Anti-abortion protesters wait outside the Supreme Court for a decision Monday

Last year, four members of the court - Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Kavanaugh - voted to allow the Louisiana to take effect once it had been upheld by 5th Circuit Court in New Orleans.

He also argued that overruling precedent should be considered when a case is an "outlier". "But the Court's decision could embolden states to pass even more restrictive laws when clarity is needed if abortion rights are to be protected", Northup said. The state in this case, at one point, argued that doctors do not have the standing necessary to bring the cases, saying that their interests do not align with the patients'.

During the March argument, they told the justices that if the Louisiana law were upheld and the clinic in Shreveport closed, pregnant women could be forced to travel several hundred miles to New Orleans to see a doctor who provides abortion. The presence of the new justices is what fueled hopes among abortion opponents, and fears on the other side, that the Supreme Court would be more likely to uphold restrictions.

Roberts, who Republicans voted unanimously to the court in 2005, was in favor of not immediately ending DACA and preserving health protections for trans people two weeks ago - both of which went against Trump's public policy stances.

Physicians for reproductive health, a national advocacy organization, said: "This is great news and affirms what we know to be true. medically unnecessary restrictions on abortion care are unlawful and risky".

The ruling comes as a further blow to Donald Trump, after the supreme court ruled against the administration over treatment of young, undocumented immigrants on 18 June.

"This is an extremely important decision to the lives of women in Louisiana most importantly because it means that Louisiana will not effectively have abortion ban", Toobin continued.

More news: West Indies team to sport Black Lives Matter emblem on Test jersey



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