SCOTUS Blocks Louisiana Abortion Clinic Law

Mar 10, 2016, 20:25

Hundreds of state laws have been passed and subsequently challenged in federal courts since Casey, establishing the way in which the dominant politics of abortion has been conducted for the past two-plus decades.

"For the third time in a little over a year, the Supreme Court has stepped in to preserve women's ability to get the constitutionally protected health care they need", Northup said.

In a brief but forceful presentation, he argued that allowing the disputed law to go into effect would mean the right to abortion "only exists in theory, not in fact" in Texas.

Medical experts confirm that legal abortion care in the U.S.is extremely safe, with less than a quarter of 1 percent of patients experiencing a major complication. "We disagree with the court's unexplained decision", he said, adding, "we remain confident that we will prevail on the merits.

Justice Ruth Bader Ginsburg did not buy that argument because she said Gosnell was a lawbreaker whose clinic had not been inspected for more than 15 years, but Texas has aggressively inspected clinics and has found nothing like the Gosnell case.

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It is the most significant abortion case since 1992, when the justices, including Anthony M. Kennedy, upheld the landmark Roe vs. Wade ruling, but declared states may regulate abortion as long as they do not put an "undue burden" on women seeking to end a pregnancy. The outcome of the Texas case likely won't be made public until the summer.

Justice Clarence Thomas was the lone member of the high court to dissent from the decision to block Louisiana's law from taking effect.

Texas and Louisiana, along with seven other states, have recently required doctors who perform abortions to have admitting privileges at a nearby hospital.

Louisiana Right to Life Executive Director Benjamin Clapper expressed his disappointment in the reversal of the federal appeals court in New Orleans.

When the justices met to hear Whole Woman's Health v Hellerstedt (see pic) on March 2nd, the four liberal justices were in rare form, attacking a Texas law that purportedly protects maternal health but, on inspection, seems only to make it much harder for women to exercise their constitutional right to abortion.

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In 2015, Arkansas adopted a new restriction that requires only medication abortion providers to have an agreement with a physician who has admitting privileges; the law does not include a similar requirement for surgical abortion providers.

The U.S. Supreme Court Friday blocked enforcement of Louisiana's new restriction on abortions. On the other side, abortion-rights forces have been fighting the law with data from university-based research on how the law is affecting women's access to abortion services.

Friday's action by the Supreme Court will allow two Louisiana clinics that closed after the 5th Circuit's ruling to reopen, and saved another from imminent closure, the CRR said. The court is presumed to have cast their preliminary votes on which direction they will take in the ruling. The laws are known by the acronym TRAP, for "targeted regulation of abortion providers".

Attorneys for the state immediately asked Judge John deGravelles to stay the order while they appeal it and his January 26 finding that the law is unconstitutional. The other requires the clinics to meet the same standards as ambulatory surgical centers that perform more complicated procedures than the typical first-trimester abortion.

Whole Woman's Health, which operates seven abortion mills in Texas, challenged the laws.

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The Supreme Court began hearing oral arguments Wednesday in a controversial Texas case regulating abortion clinics, as thousands rallied on the court steps.