Posted on 02/04/2019 1:32:37 PM PST by Kaslin
Supreme Court Justice Samuel Alito temporarily halted a Louisiana abortion law late Friday which had been set to go into effect Monday. The law is halted through Thursday and Alito noted in his brief order that the Justices need time to review the filings in the case and the order “does not reflect any view regarding the merits of the petition for a writ of certiorari that applicants represent they will file.”
The 2014 law requires doctors at abortion clinics to have admitting privileges at a local hospital within 30 miles of the clinic.
The Center for Reproductive Rights petitioned the Supreme Court to halt the law last week after the Fifth Circuit Court of Appeals upheld it. They argued that the law was “identical” to a Texas law the Court struck down in Whole Woman’s Health v. Hellerstedt in 2016 and would severely reduce abortion access for women in the state.
“Enforcement of Louisiana’s admitting privileges law will have disastrous consequences for women in the state,” they claimed. “The district court determined that Louisiana’s admitting privileges requirement would leave only one physician providing abortions in the entire state and that all-but-one clinic that provides abortion care would be forced to close.”
In their order upholding the law, the Fifth Circuit Court of Appeals examined the practical effects it had on Louisiana’s abortion providers and concluded that “no clinics will likely be forced to close on account of the Act.”
“If the Act were to go into effect today, both Women’s and Hope could remain open, though each would have only one qualified doctor,” they wrote. “Delta would be the only clinic required to close, as its only Doctor, Doe 5, does not have admitting privileges within 30 miles. Because obtaining privileges is not overly burdensome, however, the fact that one clinic would have to close is not a substantial burden that can currently be attributed to Act 620 as distinguished from Doe 5’s failure to put forth a good-faith effort.”
Justice Alito could act on the request himself but is more likely to refer it to the full court. The case should be an interesting test on the abortion issue for Justices Neil Gorsuch and Brett Kavanaugh should the full court take it up. A conservative justice would have to side with the liberal justices in order to grant the requested stay on the issue.
The similar Texas law in Whole Woman’s Health v. Hellerstedt was struck down by a 5-3 vote in which Justice Anthony Kennedy, who has since retired, joined with the liberal justices in voting to strike down the law. Only eight justices ruled on the case as the decision took place after the death of the late Justice Antonin Scalia.
Conservative Justice Clarence Thomas recently accused his colleagues of avoiding the abortion issue and this case could provide some clarity into how the newly-appointed Justices will rule on such matters.
Abortion advocates signaled their concern over the case this past week, even going so far as to claim that it could mean danger for Roe v. Wade.
?? If SCOTUS denies this application, it could effectively ban abortion in Louisiana—and signal IMMEDIATE danger for Roe. ?? https://t.co/gGfyIFxPWi— NARAL (@NARAL) January 29, 2019
Anti-abortions politicians have already pushed abortion so far out of reach in Louisiana that there are only 3 clinics left.
If SCOTUS doesn’t step in by Monday – there will only be one doctor left in the entire state. https://t.co/nqKFXmwcl3 pic.twitter.com/Z5G8QHUgKt— ACLU (@ACLU) January 30, 2019
Louisiana Attorney General Jeff Landry argued in a recent statement that the abortion clinics are misrepresenting the effects the law will have on them.
“As the Fifth Circuit explained, one plaintiff physician unilaterally refused to submit documentation necessary for him to obtain admitting privileges,” he wrote. “Another physician at the same clinic threatened to cease performing abortions if Act 620 goes into effect, albeit with shifting justification, and despite his already having admitting privileges that comply with Act 620. Plaintiffs refuse to grapple with those facts, and instead engage in ad hominem attacks on highly respected Fifth Circuit judges.”
So I guess you’ll still be able to get an abortion while getting your ears pierced.
In Virginia they need to have the abortion clinic within 50 yards of a graveyard.
So, where’s Justice Ruth Bader Ginsberg?
“...there will only be one doctor left in the state.”
One doctor too many.
If New York state has the right to terminate newborn infants, then other states have the right to restrict or abolish abortion entirely.
New York's law is proof that Roe vs Wade is a lie. States have always had the right to make abortion laws, but the baby-butchers didn't like the fact that the majority of states had laws that restricted or abolished abortion, so they ran to the Feds and imposed it on all the states.
If Roe vs Wade is not overturned then this country is screwed
Ginsburg’s clerk will be all over it.
Presumably an abortion clinic is a surgical out patient clinic, and presumably the physicians are competent and qualified. So while the requirement to have admitting privileges to a local hospital is a burden, it is not egregious. I wonder if physicians running other out patient clinics have a similar requirement?
Feminazis don’t want the public to know that licensed abortionists still botch abortions and kill women and girls.
It’s unconstitutional to require abortion doctors to be held to actual professional medical standards!!!! This law will increase back alley abortions!!!
Their fanatical about killing the innocents and they prove it by lunacy of their argument.
Your presumptions are based upon logical thought. They are fighting for the rights of murders like Gosnell to continue to provide women’s “health services”.
More importantly, where does RBG’s Soros-Funded Intern stand on this issue, and how will they vote?
I wish the seven justices in the Roe v. Wade 1973 majority could look up from hell and see what they have wrought.
If I was Roberts I would call RBG and ask her questions regarding whatever paperwork “she” submitted,,, refuse to accept it until after his questions are answered. Make her handlers yank her out of an induced coma or admit that she’s dead...
I predict in the year 2020 the intern will still be casting votrs for RBG and we’ll still be hearing of mysterious unverified RBG sightings!
Has anyone heard from, our seen RBG lately?
If she’s on her death bed and able to do so, she will give her last breath to make sure that every unwanted child in this nation is exterminated.
I’m waiting for when they build clinics and label them “Womb facilities” so they can kill anyone who is in it at any time for any reason and call it abortion....
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