What US ruling may mean for Roe v Wade

Pablo Martinez Monsivais  Associated Press  File

Pablo Martinez Monsivais Associated Press File

According to the newest Supreme Court justice, there are now four doctors in Louisiana that perform abortions at the state's three abortions clinics.

The state law requires abortion providers to have admitting privileges at nearby hospitals, a demand that some argued would have shuttered multiple abortion clinics.

Finally, Smith rejected the district court's factual finding that the law would make access to abortion more hard for 70 percent of women seeking abortions in the state.

Judge Patrick Higginbotham, a Reagan appointee like Smith, dissented, accusing his colleague of failing to "meaningfully apply" the Supreme Court's prior rulings on abortion.

The 5-4 vote means the state can not put into effect the law it passed, pending a full review of the case.

Kavanaugh wrote a dissent that said he would have let the law go into effect because the appeals court had said "the new law would not affect the availability of abortions from. the four doctors who now perform abortions at Louisiana's three abortion clinics".

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.

The full Fifth Circuit then denied abortion providers' petition to rehear the case en banc with all of the court's current judges involved.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas sided with Kavanaugh but did not sign on to his written dissent. The Louisiana law was nearly identical to a Texas law the court struck down before Justice Anthony M. Kennedy retired.

He noted that the law has a 45-day transition period before taking effect, during which "both the doctors and the relevant hospitals could act expeditiously and in good faith to reach a definitive conclusion about whether those three doctors can obtain admitting privileges", and therefore it was premature to block the law before competing predictions about the law's impact have been proven or disproven. The case presented the question of whether to stay enforcement of Louisiana's 2014 "Unsafe Abortion Protection Act".

It seems clear at this point that there are five justices - a majority - that are willing to entertain allowing states to impose new restrictions on abortion rights.

The ad recounts Collins' comments ahead of her decisive vote to confirm Kavanaugh past year, in which she recited the judge's assurances that he is not looking to overturn Roe v. Wade.

Judge Brett Kavanaugh at the White House after President Donald Trump announced Kavanaugh's nomination to the Supreme Court on July 9, 2018.

New Mexico is seeking to repeal an abortion ban on the books since before the supreme court legalized abortion across the country in 1973.

"While the far left was quick and enthusiastic with their criticism today, it's noteworthy that they greeted Justice Kavanaugh's decision in the recent Planned Parenthood case - where he provided the decisive vote in Planned Parenthood's favor - with near total silence", she said.

Ray was allowed to meet with an imam earlier, and the religious leader watched from an adjoining room as Ray was put to death an hour after the Supreme Court rejected the stay request.

Thursday night's Louisiana ruling may have only delayed the coming upheaval.

If the court does not accept the case, the injunction ends and the state law would go into effect. "Essentially, he argues that there isn't yet any evidence that the Louisiana law will have any immediate effect on abortion access". Should the Court agree to hear the case, arguments would likely happen in the fall.

He added that if they cannot, "then even [Louisiana] acknowledges that the law as applied might be deemed to impose an undue burden".

One reason to grant a stay is because there is a substantial likelihood that the Court will ultimately take the case and then reverse the lower court.

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