SCOTUS blocks Louisiana abortion law from taking effect

SCOTUS blocks Louisiana abortion law from taking effect

The law would require doctors at Louisiana's abortion clinics to have admitting privileges at a hospital less than 30 miles away. But John Roberts, along with Clarence Thomas, Samuel Alito, Neil M. Gorsuch, and Brett Kavanaugh, ruled that the inmate had waited too long (five whole days) to file his claim, and therefore he can be executed without a representative of his faith in attendance.

Justice Brett Kavanaugh, Trump's newly confirmed Supreme Court justice, wrote the dissent, saying that the majority should wait until Louisiana completes a 45-day regulatory transition period. "I would be very surprised if he regards the Court's 2016 decision in Whole Woman's Health v. Hellerstedt (from which he dissented) as sound precedent".

"Under recent Supreme Court precedent, the law is pretty clearly unconstitutional, and Roberts doesn't want to overturn that precedent until the court has considered the case, June Medical Services LLC v. Gee, in detail, "explains Noah Feldman at Bloomberg". Susan Collins, a Maine Republican who supported Kavanaugh's nomination past year and faces a tough 2020 reelection.

Meanwhile, more liberal U.S. states have begun implementing their own laws to ensure abortion rights for their residents in case the court takes such a dramatic step.

Because so few abortion providers receive these privileges, the policy would effectively close all but one of the state's few abortion clinics, Tu said.

But Kavanaugh's decision on the Louisiana law appears to run counter to one the court made recently about a similar Texas law, a move that convinced pro-choice supporters to express alarm that Roe could be in trouble.

While Thursday's decision may ultimately amount to merely a temporary delay, the Court's decision at this point should have been a no-brainer.

Louisiana now has three abortion clinics and four abortion doctors, only one of whom has the admitting privileges required by Louisiana's (yet to be enforced) law. "It's a totally unjustified regulation of political speech that places an undue burden on people trying to exercise their rights".

And, in the death penalty case, Justice Elena Kagan wrote a powerful dissent that said her conservative colleagues were so intent on hastening executions that they were willing to overlook a "core principle" of religious neutrality.

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Perhaps most interesting and significant aspect of the decision for the immediate future of the court was the composition of the majority and minority sides.

The Louisiana clinics had argued that they would have been forced to stop performing abortions immediately and that clinics, once closed, are hard to reopen.

Also taking to Twitter, Seth Abramson, a University of New Hampshire professor and frequent critic of President Donald Trump, said, "Man, who besides EVERYONE IN AMERICA BUT SUSAN COLLINS could have seen this coming?"

Justices often feel bound by a prior decision of the court, even one they disagree with, at least until the court formally takes on a case to consider overruling the earlier decision. Chief Justice John Roberts sided with more liberal justices in moving to stay the law.

De Vogue: This law - called the Louisiana's Unsafe Abortion Protection Act - was passed back in 2014.

Ed Whelan, president of the Ethics and Public Policy Center and a contributor to National Review, said in a February 8 post he does not think Roberts' vote for the stay "signals anything about how he will rule on the merits of the case". The best way to find out which prediction was right, he added, would be to let the law take effect. "Rather, the question should be whether the Louisiana law confers any benefits relative to the cost imposed on abortion".

"If this law goes into effect, most women in Louisiana will have nowhere to go in the state to access abortion and will be forced to travel to other states", the center said in a tweet Thursday. "It sets the stage for a full review that could go either way".

SHAPIRO: Do you think there are other state laws that are likely to arrive at the high court within the next year or two?

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