The Supreme Court ruled Monday that Louisiana’s tough restriction on abortions violates the Constitution, a surprising victory for abortion rights advocates from an increasingly conservative court.
The 5-4 decision, in which Chief Justice John Roberts joined with the court’s four more liberal justices, struck down a law passed by the Louisiana Legislature in 2014 that required any doctor offering abortion services to have admitting privileges at a hospital within 30 miles. Its enforcement had been blocked by a protracted legal battle.
Two Louisiana doctors and a medical clinic sued to get the law overturned. They said it would leave only one doctor at a single clinic to provide services for nearly 10,000 women who seek abortions in the state each year.
The challengers said the requirement was identical to a Texas law the Supreme Court struck down in 2016. With the vote of then-Justice Anthony Kennedy, the court ruled that Texas imposed an obstacle on women seeking access to abortion services without providing any medical benefits. Kennedy was succeeded by the more conservative Brett Kavanaugh, appointed by President Donald Trump, who was among the four dissenters Monday.
Justice Stephen Breyer, who wrote the Texas decision, also wrote Monday’s ruling. The law poses a substantial obstacle to women seeking abortions and offers no significant health benefits “and therefore imposes an undue burden on a woman’s constitutional right to choose to have an abortion.”
Roberts said he thought the court was wrong to strike down the Texas law, but he voted with the majority because that was the binding precedent. “The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”
The Center for Reproductive Rights said the burdens on access to abortions in Louisiana would have been even more restrictive than those in Texas, where about half of the state’s abortion clinics were forced to close. It also said the law was unnecessary, because only a small fraction of women experience medical problems after abortions, and when they do, they seek treatment at hospitals near where they live, not ones near the medical clinic.
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SOURCE: NBC News, Pete Williams