Supreme Court puts Louisiana abortion law on hold

Supreme Court blocks restrictive Louisiana abortion law by 5-4 vote as Roberts joins liberals

Supreme Court blocks restrictive Louisiana abortion law by 5-4 vote as Roberts joins liberals

In other words, Kavanaugh would let play out in Louisiana what originally played out in Texas before the Supreme Court eventually blocked HB 2-and thousands of people who needed abortions would have found themselves scrambling or unable to access them entirely.

Even Louisiana acknowledged that its law - which requires doctors at abortion clinics to have admitting privileges at nearby hospitals - is almost identical to a Texas law that the Supreme Court in 2016 found to be unconstitutional.

Critics of the law argue it would severely limit access to abortion services in Louisiana by disqualifying the small handful of clinics that perform the procedures.

"If we denied the stay, that question could be readily and quickly answered without disturbing the status quo or causing harm to the parties or the affected women, and without this court's further involvement at this time", Kavanaugh said.

Chief Justice John Roberts joined the high court's liberal bloc to prohibit the law's implementation over the dissent of Justice Brett Kavanaugh.

But the federal appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and said the doctors had not tried hard enough to establish relationships with local hospitals. Which means he will nearly certainly vote to uphold the Louisiana law once the court hears it in full.

Kavanaugh is one of two Trump appointees who are part of the court's 5-4 conservative majority, along with Neil Gorsuch. Seated from left: Stephen Breyer, Clarence Thomas, John Roberts, Ruth Bader Ginsburg and Samuel Alito.

Tu noted that the only precedent that Kavanaugh referenced in his dissent was Whole Woman's Health v. Hellerstedt, a 2016 Supreme Court case that said states weren't allowed to place an "undue burden" women seeking an abortions.

Kavanaugh wrote a dissenting opinion in which he said the court's action was premature because the state had made clear it would allow abortion providers an additional 45 days to obtain admitting privileges before it started enforcing the law.

"Remember, in the Hellerstedt case, Roberts joined with the other conservative justices to say that such regulations are totally within bounds, even under the Roe and Casey precedent of a right to an abortion".

Our legal system has rules, and one of those rules is that courts follow precedent even when they disagree with that precedent.

Since the retirement of Justice Anthony Kennedy last summer, Roberts has become the court's new swing vote.

In fact, although the decision was 5-4, Kavanaugh wrote the dissent separately, saying he would allow the law to take affect.

Some of those measures, which provide for late-term abortion in the cases where the health of the mother is in jeopardy, have generated fierce opposition from anti-abortion groups. It would have placed Roberts right alongside the justice who accused the Clintons of running a political hit campaign against his Supreme Court nomination once credible allegations of sexual assault against him surfaced.

Thursday night's Louisiana ruling may have only delayed the coming upheaval.

"As a pro-life Catholic, I will always advocate for laws that protect the dignity and sanctity of life".

The Center for Reproductive Rights - representing patients, clinics and doctors in the state - had asked the justices to put the law on hold before it was slated to go into effect on Friday, while the Center prepared briefs asking the justices to review the legality of the law. That would be a tacit acknowledgment that a majority of the justices no longer support the 2016 decision, and an invitation to anti-abortion state legislatures to pass more laws aimed at gutting Roe v. Wade without reversing it outright.

A panel of the U.S. Court of Appeals for the 11th Circuit earlier this week stopped the execution and ordered expedited briefing in the case.

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