READ: Supreme Court’s full decision on Louisiana’s abortion restriction

Supreme Court strikes down restrictive abortion law; Roberts concurrence provides fifth vote

In a major ruling, the Supreme Court struck down a restrictive abortion law in Louisiana that would have left the state with just one abortion clinic.

In an interview on "Fox & Friends" with host Brian Kilmeade, Severino said that Monday's 5-4 decision labeling the law - which mandates individuals who perform abortions to have admitting privileges in a hospital - as unconstitutional was especially "frustrating" because Roberts contradicted himself.

In one of the four dissenting opinions on the case, Justice Clarence Thomas wrote that the Supreme Court has "neither jurisdiction nor constitutional authority to declare Louisiana's duly enacted law unconstitutional".

"I agree with the Supreme Court's decision in June Medical, which recognizes the burden that the Louisiana statute could impose".

The petitioners asked the Supreme Court to rule on whether that decision violated past precedents and should be struck down. As NBC News' report noted, in the case four years ago, the court's majority, "ruled that Texas imposed an obstacle on women seeking access to abortion services without providing any medical benefits".

In a statement, Collins said she supported the court's ruling, and said Kavanaugh's dissent doesn't mean he supports overturning Roe.

Carrie Severino, president of the Judicial Crisis Network, reacts to the court's "frustrating decision" on Louisiana's abortion restrictions.


In May, it refused to consider reinstating Indiana's ban on abortions performed because of fetal disability or the sex or race of the fetus while upholding the state's requirement that fetal remains be buried or cremated after an abortion.

Yet earlier this month the court expanded equal protection rights to gay and transgender people, and sustained protections for certain undocumented immigrants that President Trump had sought to end. "Therefore, Louisiana's law can not stand under our precedents", Roberts added.

But these rulings are unlikely to stop what Nancy Northup of the Center for Reproductive Rights, whose lawyers argued the Louisiana case, calls an "avalanche" of anti-abortion laws. "Our abortion precedents are grievously wrong and should be overruled". In place of the "undue burden" rule regarding health and safety requirements, the Supreme Court should use a standard from a 1997 opinion that calls for "ordinary rational basis review", they said in the brief.

Since the decision in the Texas case, President Trump has nominated Gorsuch to replace the late Antonin Scalia, who died in 2016 before that ruling.

Collins cast a deciding confirmation vote for Kavanaugh in October 2018.

Before the opinion, 11 states had some form of admitting privileges laws in effect, according to the Guttmacher Institute, formerly an affiliate of Planned Parenthood.

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