The Louisiana law would have required physicians at abortion clinics to obtain medically unnecessary so-called admitting privileges to hospitals within 30 miles. When John Roberts voted to uphold President Obama's Affordable Care Act in a 5-4 ruling that squashed a transparent political maneuver by the conservatives on the Court and their allies in the lower courts, it became clear that the Chief Justice was very concerned about people losing their faith in the Supreme Court's legitimacy. The divergence between the findings of the district court and the majority is striking-a dissonance in findings of fact inexplicable to these eyes as I had not thought that abortion cases were an exception to the coda that appellate judges are not the triers of fact. "If they can. then the new law would not impose an undue burden for purposes of [the precedent in the Texas case]". Similarly, the 5th Circuit acknowledged that it did not have any evidence that the Louisiana admitting-privileges requirement would help the health or safety of any women, even though it created a burden on providers and their patients.
Thursday's decision offers a temporary reprieve for abortion rights advocates-especially in Louisiana, where the law would have winnowed the number of abortion providers in the state down to one.
While Democrats hailed the decision, they pointed to Kavanaugh's dissent as a sign that he is poised to side with conservatives in future rulings on abortion rights. "If a law does not amount to an unconstitutional burden unless it does something as dramatic as close 20 clinics in a geographic area as large as Texas, nearly every law would be constitutional". Brett Kavanaugh will vote to strike down Roe v. Wade the minute he gets the opportunity, and activists around the country should already have a strategy ready to pressure Roberts to uphold the Court's legitimacy (again) once this inevitability arrives on the Supreme Court's docket.
Late Thursday, the Supreme Court granted that stay by a 5-4 vote.
"At this point", she concludes ominously, "the question is how long will Chief Justice John G. Roberts Jr. stand between those four justices and an open season on Roe v. Wade, the rule of law and respect for precedent". "And in that circumstance, the Louisiana law as applied would not impose an undue burden under Whole Woman's Health", Kavanaugh wrote.
Clark said if her critics weren't griping about Kavanaugh, they would be targeting Collins for something else.
Now, that Louisiana law may be heading to the Supreme Court.
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. IN this week asked the Supreme Court to hear another abortion case concerning a law to require fetal ultrasounds before abortions take place.
If the law took effect and the doctors couldn't obtain admitting privileges during the transition period, then the doctors could file a complaint or motion for preliminary injunction. The abortion industry now will ask the Supreme Court for a full review. It was modeled after a similar law in Texas, which was struck down by the Supreme Court in 2016.
There are few high-profile cases on the court's docket this year, seemingly by design, after Kavanaugh's tumultuous confirmation hearings.
The final vote was the order to keep Louisiana's admitting privileges law on hold while the court decides whether to add the case to its calendar for the term that begins in October.