US Supreme Court rules to uphold abortion rights

US Supreme Court rules to uphold abortion rights

Admitting privileges can be hard for abortion providers to obtain as hospitals do not want to be associated with them due to the stigma and as abortion is a statistically safe procedure, requiring extremely limited numbers of patients to have to go to hospitals for care.

The Supreme Court reaffirmed abortion protections on Monday, striking down a Louisiana abortion restriction that, if allowed to be implemented, could have made the state the first to be without a legal abortion provider since Roe v. Wade.

In his written opinion accompanying the ruling, Roberts referenced a near identical Texas law, which the court ruled unconstitutional in 2016.

Roberts invoked the legal doctrine of stare decisis, a controversial theory that claims past opinions gain legal weight simply by virtue of how long they last, regardless of how faithfully they reflect the law or the Constitution.

"Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction", Justice Clarence Thomas wrote. For that reason, I concur in the judgment of the Court that the Louisiana law is unconstitutional.

Roberts was a question mark as the case unfurled, though some speculated that an eye on his legacy and discomfort with overtly political moves would prompt him to join the liberals.

The petitioners asked the Supreme Court to rule on whether that decision violated past precedents and should be struck down.

"Even under the Chief Justice's approach to stare decisis, continued adherence to these precedents can not be justified", he writes, adding his belief of the Constitutional illegitimacy of the landmark, foundational abortion access case Roe v. Wade. At issue was whether the justices would adhere to their precedent or cast it aside on the grounds that it interfered with the state's authority to regulate abortion.

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PA President Mahmoud Abbas heads a leadership meeting at his headquarters, in the West Bank city of Ramallah, May 19, 2020. One missile landed on open ground, the other probably in the Gaza Strip itself, the report said.

Justice Samuel Alito argued that Roberts was wrong in his application of stare decisis because the Louisiana and Texas laws are actually different.

The law required that doctors providing abortions have admitting privileges to nearby hospitals, which the justices said led to an undue burden on women. Providers at two of those clinics said they are unable to comply with Act 620's requirements, which would leave just one clinic to service the entire state. In particular, he wrote, "the admitting privileges requirement performs a real, and previously unaddressed, credentialing function that promotes the well-being of women seeking abortion".

"Trap" laws, or "targeted regulation of abortion providers", are measures often passed under the guise of safety, but provide little or no medical benefits for women.

Since 2016, the Supreme Court's makeup has changed.

It's also a comfort to liberals who feared that the Court had irreparably been yanked ideologically to the right with the additions of Justices Brett Kavanaugh and Neil Gorsuch. And the idea that a regulated party can invoke the right of a third party for the goal of attacking legislation enacted to protect the third party is stunning. In the 2020 opinion, Breyer called the Louisiana law "almost word-for-word identical to Texas' admitting-privileges law".

The law threatened to close all three of Louisiana's clinics.

"Louisiana abortion providers have a record of non-compliance with basic safety regulations, and now they want a special exemption from generally-accepted medical standards that apply to similar surgical procedures in our State", Louisiana Attorney General Jeff Landry declared in March.

Trump pledged during his 2016 election campaign to overturn Roe v Wade, a key goal of right-wing evangelical Republicans.

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