The courtstruck 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.
"In an unfortunate ruling today, the Supreme Court devalued both the health of mothers and the lives of unborn children by gutting Louisiana's policy that required all abortion procedures be performed by individuals with admitting privileges at a nearby hospital".
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.
Supporters of the Louisiana and previous Texas laws had argued that clinics providing abortion services had substandard health and safety practices, an argument pro-abortion groups said was false. And he reminded the world that he dissented in the Texas case, believing it was "wrongly decided"-albeit on technical legal grounds. And the law must consequently reach a similar conclusion", Breyer wrote".
The law would have left, for instance, only one abortion provider in New Orleans.
Roberts is no champion of abortion rights, but he is a stickler for precedent and he noted that Louisiana's law could not stand given the Texas decision.
"The result in this case is controlled by our decision four years ago invalidating a almost identical Texas law", Chief Justice Roberts wrote, although he did not join the opinion written by Justice Stephen Breyer for the other liberals.
The Supreme Court in February on a five-four vote prevented the law from going into effect while litigation over its legality continued. Adherence to precedent, Roberts explained, "is necessary to avoid an arbitrary discretion in the courts"-which is precisely the type of limitation on judicial power that conservative "originalists" self-righteously tout". Kennedy was later succeeded by conservative Trump appointee Justice Brett Kavanaugh, and conservatives hoped that this time around, the decision would swing in their favor. "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", Ms. Northup said.
The ruling offered the latest setback to many evangelical Christians and conservatives who have sought the addition of originalist or strict constructionist justices to the Supreme Court.
"Unfortunately, the court's ruling today will not stop those hell-bent on banning abortion". The hospital would have the right to admit or reject the privilege. It followed by only two weeks a watershed, 6-3 decision in which the high court supported gay and transgender rights by ruling longstanding, non-discrimination protections in federal workplace law cover "sexual orientation" and "gender identity".
He also argued that overruling precedent should be considered when a case is an "outlier". 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. When Associate Justice Anthony Kennedy retired in 2018, Trump nominated Kavanaugh.
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