The U.S. Supreme Court on Monday struck down a Louisiana law regulating abortion clinics, reasserting a commitment to abortion rights over fierce opposition from dissenting conservative justices in the first big abortion case of the Trump era.
Chief Justice John Roberts joined with his four more liberal colleagues in ruling that the law requiring doctors who perform abortions have admitting privileges at nearby hospitals violates the abortion right the court first announced in the landmark Roe v. Wade decision in 1973.
In two previous abortion cases, Roberts had favored restrictions. The Louisiana law is virtually identical to one in Texas that the court struck down in 2016.
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“The result in this case is controlled by our decision four years ago invalidating a nearly identical Texas law,” Roberts wrote, although he did not join the opinion written by Justice Stephen Breyer for the other liberals.
In dissent, Justice Clarence Thomas wrote, “Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction.”
Thomas, Alito, Gorsuch, and Kavanaugh all filed separate dissents. Here's Alito's opener:
— (@SCOTUSblog)Jun 29 2020
Reaction to the ruling was fast throughout social media.
The Louisiana abortion case continues to support my working theory -- Roberts is pausing conservative gains so long as Trump is in the White House. He won't side with the left in their theories, but will in their judgments. He's over Trump and is trying to spare damage to SCOTUS.
— (@EWErickson)Jun 29 2020
President Donald Trump’s two appointees, Justices Neil Gorsuch and Brett Kavanaugh, were in dissent, along with Justice Samuel Alito. The presence of the new justices is what fueled hopes among abortion opponents -- and fears on the other side -- the Supreme Court would be more likely to uphold restrictions.
Today the Supreme Court reaffirmed what was clear - Louisiana’s law purporting to protect health and safety is unconstitutional and was always about restricting reproductive rights. We will not go back.
— (@NYGovCuomo)Jun 29 2020
A trial judge had said the law would not provide health benefits to women and would leave only one clinic open in Louisiana, in New Orleans. That would make it too hard for women to get an abortion, in violation of the Constitution, the judge ruled.
But the appeals court in New Orleans rejected the judge’s findings and upheld the law in 2018, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.
Reproductive rights are human rights. Reproductive rights are human rights. Reproductive rights are human rights. Reproductive rights are human rights. Reproductive rights are human rights. Reproductive rights are human rights. Reproductive rights are human rights.
— (@RepMarkTakano)Jun 29 2020
The clinics filed an emergency appeal at the Supreme Court, asking that the law be blocked while the justices evaluated the case.
Early last year, Roberts joined with the four liberal members of the court to grant that request and keep the law on hold.
This is HUGE! #SCOTUS just ruled that the clinic shutdown law at the heart of 𝘑𝘶𝘯𝘦 𝘔𝘦𝘥𝘪𝘤𝘢𝘭 𝘚𝘦𝘳𝘷𝘪𝘤𝘦𝘴 𝘷. 𝘙𝘶𝘴𝘴𝘰 is unconstitutional. #MyRightMyDecision
— (@NARAL)Jun 29 2020
The regulations at issue in Louisiana are distinct from other state laws making their way through court challenges that would ban abortions early in a pregnancy.
Breyer explaining the court's rationale in striking down Louisiana abortion law:
— (@SCOTUSblog)Jun 29 2020
Nancy Northup, president and CEO of the Center for Reproductive Rights, said Monday’s decision by no means ends the struggle over abortion rights in legislatures and the courts.
“We’re relieved that the Louisiana law has been blocked today but we’re concerned about tomorrow. With this win, the clinics in Louisiana can stay open to serve the one million women of reproductive age in the state. 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.
Abortion is health care. Full stop.
— (@RonWyden)Jun 29 2020
Marjorie Dannenfelser, president of the anti-abortion Susan B. Anthony List, said, “Today’s ruling is a bitter disappointment. It demonstrates once again the failure of the Supreme Court to allow the American people to protect the well-being of women from the tentacles of a brutal and profit-seeking abortion industry.”
A trial judge had said the law would not provide health benefits to women and would leave only one clinic open in Louisiana, in New Orleans. That would make it too hard for women to get an abortion, in violation of the Constitution, the judge ruled.
🚨 Horrible SCOTUS decision → The Supreme Court just ruled that states can't even hold abortion clinics to similar health standards as other medical centers. Women and babies deserve emergency care—no matter the situation or what abortionists think. We won’t quit fighting.
— (@SteveScalise)Jun 29 2020
But the appeals court in New Orleans rejected the judge’s findings and upheld the law in 2018, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.
The clinics filed an emergency appeal at the Supreme Court, asking that the law be blocked while the justices evaluated the case.
Early last year, Roberts joined with the four liberal members of the court to grant that request and keep the law on hold.
Roberts’ vote was a bit of a surprise because he voted in the Texas case to uphold the clinic restrictions. It may have reflected his new role since Justice Anthony Kennedy’s retirement as the court’s swing justice, his concern about the court being perceived as a partisan institution and respect for a prior decision of the court, even one he disagreed with. Roberts didn’t write anything explaining his position at the time, but he had never before cast a vote on the side of abortion rights.
The regulations at issue in Louisiana are distinct from other state laws making their way through court challenges that would ban abortions early in a pregnancy. Those include bans on abortion once a fetal heartbeat is detected, as early as 6 weeks, and the almost total ban passed in Alabama.
The Associated Press contributed to this report.
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