Supreme Court Temporarily Suspends Louisiana Abortion Restrictions

Even Louisiana acknowledged that its law - which requires doctors at abortion clinics to have admitting privileges at nearby hospitals - is almost identical to a Texas law that the Supreme Court in 2016 found to be unconstitutional. The Court has changed since the case as Trump has appointed Justice Neil Gorsuch to replace the late-Antonin Scalia and Brett Kavanaugh to fill the seat of Kennedy, who retired in June. It was blocked after U.S. District Judge John deGravelles held a hearing and found that the state law is a remedy for "a problem that does not exist". Backers of these bills said they were undeterred by the Supreme Court's latest action.

Although the court action has been welcomed by abortion rights activists, their enthusiasm is tempered because the victory is only a temporary one.

Planned Parenthood noted Friday that the outcome of the Louisiana case means "access to abortion in the state remains protected for now", but expressed concern that "Kavanaugh's dissent reminds us the threat to Roe v. Wade remains very real". In our system of justice, the model is that appeals courts only decide questions of law based on the factual record before them.

Roberts' vote in the Louisiana case was the fourth time in recent weeks that he has held the decisive vote on 5-4 outcomes that otherwise split the court's conservative and liberal justices.

Writing for the majority, Judge Jerry E. Smith conceded that the state had not provided any instance in which a patient sustained "a worse result" because a doctor lacked hospital admitting privileges.

Critics say his dissent on the losing side of a Louisiana abortion law ruling is proof that he's not following through on his assurance to respect past Supreme Court decisions on abortion.

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The 5th Circuit is among the most conservative federal appellate courts in the country.

If abortionists cannot, obtain admitting privileges, Kavanaugh continued, "even the State acknowledges that the law as applied might be deemed to impose an undue burden for purposes of Whole Woman's Health", and the abortionists could then bring a new case.

O'Steen said Roberts "would have every reason" to support both of these measures if they came before the Supreme Court.

Translation: The Fifth Circuit majority threw the rule of law and proper appeals court procedure out the window.

Kavanaugh said the doctors would continue to be allowed to perform abortions during the 45-day period and would be given leeway by regulators to comply with the law. Louisiana's law is strikingly similar to a Texas measure the justices struck down in 2016.

Even if the Court does not overturn Roe, it's still possible for it to whittle away at abortion access by giving constitutional protection to state TRAP laws, like the Louisiana law, which have the practical effect of denying access to abortion.

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Three of the last abortion clinics in Louisiana remain open after the USA supreme court stopped a law that threatened to shut them down. Does Thursday's vote signal that Whole Woman's Health v. Hellerstedt is more enduring as a precedent than its mere two and a half years might suggest? There's no guarantee that Roberts will be with his liberal colleagues then.

"We are disappointed this law has been enjoined, but we are hopeful that the state of Louisiana will prevail in the end", Travis Wussow, general counsel and vice president for public policy of the Southern Baptist Ethics & Religious Liberty Commission, said in written comments for Baptist Press. Rare is the case that presents a statute identical to one that's already been ruled unconstitutional.

Hogue told me, "Susan Collins gaslighted millions of Americans claiming we were hysterical in believing that Justice Kavanaugh would vote to overturn precedent".

With the injunction, the Supreme Court will likely be forced to consider the law in an upcoming session.

Last night, a majority of the justices granted their application for a stay, delaying the law from taking effect pending a future ruling on the merits of the case.

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