Roberts Votes w/ Liberals as Supreme Court Blocks La. Abortion Limits

Evarado Alatorre
Febrero 9, 2019

Contrary to his vote on this case, Roberts has a history of affirming pro-life thought.

In dissent, Kavanaugh said that the Court should have allowed implementation of the law to resolve the dispute over its effects on access. The law was challenged nearly immediately upon passage and had been held from taking effect by legal challenges since it was passed.

Nancy Northup, president and CEO of the Center for Reproductive Rights hailed the decision, telling The Washington Post, "The Supreme Court has stepped in under the wire to protect the rights of Louisiana women". 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.

Kavanaugh argues that since the Louisiana law has a 45-day grace period, then if doctors who perform abortions could get admitting privileges at a hospital then there was no "undue burden" on women. The law was almost identical to the Texas provision the Court had declared unconstitutional two and a half years prior.

Judge Jerry E. Smith, writing for the two-member appeals court majority, said that the court complied with the Supreme Court's decision in Whole Woman's Health by taking a painstakingly close look at the details. The court struck that law down in the case Whole Woman's Health vs. Hellerstedt, arguing it would be an undue burden on women. "The Supreme Court rightfully refused to uphold a brazen and unconstitutional attempt to ignore identical cases that are meant to shutter abortion clinics in the state, making Roe v. Wade obsolete".

"If we denied the stay, that question could be readily and quickly answered without disturbing the status quo or causing harm to the parties or the affected women, and without this court's further involvement at this time", Kavanaugh said.

More news: LA City Hall may remove carpets amid downtown typhus outbreak

The case is June Medical Services v. Gee and the application for a stay is 18A774 at the Supreme Court of the United States. "That is the standard the Supreme Court set in the Texas case for when a law is unconstitutional, but the court of appeals said that it could imagine how it might be plausible to think the requirement might benefit some women". He also sided on Thursday night with the four other conservative justices in allowing the execution of a Muslim convicted murderer in Alabama.

Yet it is unavoidable that the fate of reproductive autonomy as a fundamental right rests in the hands of one man: Chief Justice John Roberts. IN this week asked the Supreme Court to hear another abortion case concerning a law to require fetal ultrasounds before abortions take place.

And that, says Litman, is the flawless cover for conservative judges to use for the next novel anti-abortion regulation that comes along.

Jon "Bowzer" Bauman, a liberal activist who once sang with Sha Na Na, wrote to Collins on Twitter to tell her to "get ready to explain to your constituents whether you're so dumb & naive you got duped by Kavanaugh or you secretly want Roe overturned". "They need to know that we're doing something different, that we're applying the law", Roberts said during an appearance this week at Tennessee's Belmont University.

After the ruling, some Democrats seized on Kavanaugh's vote as proof that he was not following through on his assurances at his confirmation hearing to respect past Supreme Court decisions on abortion.

The court rejected his request for an imam's presence, prompting liberal Justice Elena Kagan to call the decision "profoundly wrong". Should the Court agree to hear the case, arguments would likely happen in the fall.

Otros informes por

Discuta este artículo