103°F
weather icon Clear

US Supreme Court strikes down Louisiana abortion clinic law

Updated June 29, 2020 - 2:37 pm

WASHINGTON — A divided Supreme Court on Monday struck 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.

Chief Justice John Roberts and his four more liberal colleagues ruled that a law that requires doctors who perform abortions must have admitting privileges at nearby hospitals violates abortion rights the court first announced in the landmark Roe v. Wade decision in 1973.

The outcome is far from the last word on the decades-long fight over abortion with dozens of state-imposed restrictions winding their way through the courts. But the decision was a surprising defeat for abortion opponents, who thought that a new conservative majority with two of President Donald Trump’s appointees on board would start chipping away at abortion access.

The key vote belonged to Roberts, who had always voted against abortion rights before, including in a 2016 case in which the court struck down a Texas law that was virtually identical to the one in Louisiana.

The chief justice explained that he continues to think the Texas case was wrongly decided, but believes it’s important for the court to stand by its prior decisions.

“The result in this case is controlled by our decision four years ago invalidating a nearly identical Texas law,” Roberts wrote. He did not join the opinion written by Justice Stephen Breyer for the other liberals in Monday’s decision, and his position left abortion-rights supporters more relieved than elated.

The case was t he third in two weeks in which Roberts, a George W. Bush appointee, joined the court’s liberals in the majority. One of the earlier decisions preserved the legal protections and work authorization for 650,000 immigrants who were brought to the U.S. as children. The other extended federal employment-discrimination protections to LGBT Americans, a decision that Justice Neil Gorsuch also joined and wrote.

In dissent on Monday, Justice Clarence Thomas wrote, “Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction.”

Trump’s two high-court picks, Gorsuch and Brett Kavanaugh, were in dissent, along with Samuel Alito. The presence of the new justices is what had fueled hopes among abortion opponents, and fears on the other side, that the Supreme Court would be more likely to uphold restrictions.

The Trump administration had sided with Louisiana in urging the court to uphold the law. White House Press Secretary Kayleigh McEnany criticized the decision. “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,” McEnany said.

Marjorie Dannenfelser, president of the anti-abortion Susan B. Anthony List, said, “Today’s ruling is a bitter disappointment. It demonstrates once again the failure of the Supreme Court to allow the American people to protect the well-being of women from the tentacles of a brutal and profit-seeking abortion industry.”

On the other side, support for the decision mixed with a wariness that the future of abortion rights appears to rest with Roberts.

Nancy Northup, president and CEO of the Center for Reproductive Rights, said Monday’s decision by no means ends the struggle over abortion rights in legislatures and the courts.

“We’re relieved that the Louisiana law has been blocked today but we’re concerned about tomorrow. With this win, the clinics in Louisiana can stay open to serve the one million women of reproductive age in the state. 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,” Northup said.

In his reasoning, Roberts “signaled a willingness to lessen the legal protections for abortion,” University of Michigan law professor Leah Litman wrote on the Take Care blog. However, she also acknowledged that Roberts’ “emphasis on the importance of adhering to the Court’s prior decisions does not sound like the thinking of a person who is inclined to overrule Roe v. Wade.”

A trial judge had said the law would not provide health benefits to women and would leave only one clinic open in Louisiana, in New Orleans. That would make it too hard for women to get abortions, in violation of the Constitution, the judge ruled.

But the appeals court in New Orleans rejected the judge’s findings and upheld the law in 2018, doubting that any clinics would have to close and saying that doctors had not tried hard enough to establish relationships with local hospitals.

The clinics filed an emergency appeal at the Supreme Court, asking that the law be blocked while the justices evaluated the case.

Early last year, Roberts joined with the four liberal members of the court to grant that request and keep the law on hold.

Roberts’ vote was a bit of a surprise because of his earlier vote n the Texas case. It may have reflected his new role since Justice Anthony Kennedy’s retirement as the court’s swing justice, his concern about the court being perceived as a partisan institution and his respect for a prior decision of the court, even one he disagreed with. Roberts didn’t write anything explaining his position at the time of the Texas case.

The regulations at issue in Louisiana are distinct from other state laws making their way through court challenges that would ban abortions early in a pregnancy. Those include bans on abortion once a fetal heartbeat is detected, as early as 6 weeks, and the almost total ban passed in Alabama.

Don't miss the big stories. Like us on Facebook.
Politics Videos
Dream Big Nevada celebrates DACA ruling - VIDEO
The U.S. Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections under DACA for 650,000 young immigrants. Astrid Silva, founder of Dream Big Nevada, discusses the temporary victory and the next step for Dreamers.
Councilwoman Michele Fiore walks out of city council meeting - Video
Las Vegas Councilwoman Michele Fiore walks out of a City Council meeting during public comments.
Mitt Romney marches in Washington, D.C., protest - Video
On Sunday, Republican Sen. Mitt Romney of Utah joined a group of protesters marching through Washington, D.C. (Las Vegas Review-Journal)
Nevada gyms, bars that do not serve food can reopen Friday - VIDEO
Nevada Gov. Steve Sisolak on Tuesday evening said Phase 2 of the state’s Nevada United: Roadmap to Recovery will begin on Friday. (James Schaeffer / Las Vegas Review-Journal)
Nevada Rep. Horsford admits to having affair - VIDEO
Nevada Congressman Steven Horsford admitted to having an affair with Gabriela Linder, a former intern for Sen. Harry Reid. Linder detailed her account of the affair in a podcast she called, "Mistress for Congress." (Heidi Fang/Las Vegas Review-Journal)
Sisolak says businesses will begin reopening under phase 1 - VIDEO
The first phase of reopening Nevada’s businesses will begin Saturday, May 9, Gov. Steve Sisolak said Thursday. (James Schaeffer / Las Vegas Review-Journal)
Joe Biden denies Tara Reade's sexual assault allegation - VIDEO
The former senate aide claims Biden assaulted her in 1993 when he was a senator. Biden first denied the accusations via a public post on Medium. (Las Vegas Review-Journal)
RJ interview with Sisolak on the reopening plan for Nevada - VIDEO
The Las Vegas Review-Journal interviewed Nevada Governor Steve Sisolak on the plan for reopening Nevada during the coronavirus pandemic. (James Schaeffer / Las Vegas Review-Journal)
Sisolak reacts to Goodman CNN interview- VIDEO
Las Vegas Mayor Carolyn Goodman repeated her call to immediately reopen businesses during an interview with CNN’s Anderson Cooper on Wednesday, leading to a reaction from Nevada Governor Steve Sisolak. (James Schaeffer / Las Vegas Review-Journal)
Sisolak praises Nevadans for staying at home, saving lives - VIDEO
Gov. Steve Sisolak said Thursday it’s still too early to know when the state’s COVID-19 shutdown orders could be lifted or when businesses could start to reopen their doors. (James Schaeffer / Las Vegas Review-Journal)
Trump gives governors 3-phase approach to open US - VIDEO
President Donald Trump declared victory in America’s war against the “invisible enemy” as the president’s Coronavirus Task Force released “Opening up America Again” guidelines. (James Schaeffer / Las Vegas Review-Journal)
Trump names Jacky Rosen to task force on reopening economy - VIDEO
President Donald Trump named Sen. Jacky Rosen, D-Nev., to be a member of his Opening Up America Again Congressional Group Thursday to advise him on coronavirus policy. (James Schaeffer / Las Vegas Review-Journal)
Bernie Sanders endorses Joe Biden for president - VIDEO
On April 13, former presidential hopeful Bernie Sanders announced his official endorsement of former Vice President Joe Biden. (Las Vegas Review-Journal)
Bernie Sanders drops out of 2020 Democratic race for president - VIDEO
Sen. Bernie Sanders of Vermont officially announced an end to his 2020 presidential bid on Wednesday. (Las Vegas Review-Journal)
THE LATEST
FBI arrests Epstein associate, socialite on sex charges

British socialite Ghislaine Maxwell was arrested by the FBI on Thursday on charges she helped procure underage sex partners for financier Jeffrey Epstein.

4.8M jobs added in June, but gains may be curbed by new closings

U.S. unemployment fell to 11.1 percent in June as the economy added a solid 4.8 million jobs, the government reported Thursday. But the job-market recovery may already be faltering.

Despite DC’s concerns, Trump plans huge July 4 fireworks show

WASHINGTON — President Donald Trump’s July Fourth celebration on the National Mall will feature one of the largest fireworks displays ever and as many as 300,000 face masks will be given away to those who want them — but despite health concerns from D.C.’s mayor, no one apparently will be required to wear them.