Roberts Joins Liberal Wing to Block Louisiana Abortion Clinic Law
The case was being closely watched for an indication of where the Roberts Court, with its newest members, Justices Brett Kavanaugh and Neil Gorsuch, might be headed on the right to abortion.
February 07, 2019 at 09:40 PM
6 minute read
A sharply divided U.S. Supreme Court on Thursday night agreed to temporarily block a Louisiana abortion clinic law that opponents claimed was nearly identical to a Texas law the justices struck down in 2016.
In the case June Medical Services v. Gee, the high court approved an emergency request to stay a ruling by the U.S. Court of Appeals for the Fifth Circuit, which upheld the law's restrictions on abortion providers. The law was set to take effect Feb. 4, but the justices put it on hold through Thursday to review the arguments.
Chief Justice John Roberts Jr. joined the court's four liberal justices in staying the Louisiana law. Five votes are required to grant a stay. Justices Brett Kavanaugh, Clarence Thomas, Samuel Alito Jr. and Neil Gorsuch would have allowed the law to take effect. Kavanaugh separately wrote a dissenting opinion.
“In order to resolve the factual uncertainties presented in the stay application about the three doctors' ability to obtain admitting privileges, I would deny the stay without prejudice to the plaintiffs' ability to bring a later as-applied complaint and motion for preliminary injunction at the conclusion of the 45-day regulatory transition period,” Kavanaugh wrote.
The case was being closely watched for an indication of where the Roberts court, with its newest members, Kavanaugh and Gorsuch, might be headed on the right to abortion, which has been repeatedly reaffirmed since the 1973 landmark decision in Roe v. Wade.
Allowing the Louisiana law to take effect would have encouraged lower courts to approve similar state abortion restrictions and further embolden abortion opponents to press for additional restrictions at the state and federal levels.
“What is at stake in this case, however, is not just the constitutional rights of Louisiana women to abortion access,” counsel for June Medical Services, Julie Rikelman of the Center for Reproductive Rights, said in her brief seeking the stay. “The Fifth Circuit panel majority's decision undermines the rule of law by flouting binding precedent from this Court. Such a ruling has implications for the country and the judicial system as a whole.”
Louisiana's Unsafe Abortion Protection Act would require physicians performing abortions to have hospital admitting privileges within 30 miles of the procedure. Challengers to the law argued that enforcement would leave one doctor and one clinic available to perform abortions for approximately 10,000 Louisiana women who seek the procedure each year.
The case drew parallels to the Texas dispute in Whole Woman's Health v. Hellerstedt. In that case, the Supreme Court, voting 5-3 in 2016, struck down an identical admitting privileges requirement in a Texas law as well as other restrictions, after finding the law provided no medical or safety benefit to women. Justice Stephen Breyer wrote the majority opinion.
Justice Anthony Kennedy provided the critical fifth vote in that decision. Kavanaugh, who is more conservative than Kennedy, succeeded Kennedy after his retirement in July.
“I am unconvinced that any Justice of the Supreme Court who decided Whole Woman's Health would endorse our opinion. The majority would not, and I respectfully suggest that the dissenters might not either,” Fifth Circuit Judge Stephen Higginson wrote in a dissent in January.
After the high court's Whole Woman's Health decision, courts in Oklahoma and Mississippi blocked admitting privileges requirements in those states, and Tennessee and Alabama chose not to enforce similar laws.
The Center for Reproductive Rights, on behalf of three women's health centers, doctors and their patients, originally filed suit in 2014. After a six-day trial, a federal district court concluded the law imposed an unconstitutional undue burden on the abortion right and issued a preliminary injunction preventing its enforcement.
In September, a 2-1 panel of the Fifth Circuit reversed the trial judge, and en banc review of the panel decision was denied by a 9-6 vote.
In the emergency request to the high court, the center's Rikelman argued that allowing the admitting privileges requirement to take effect would “cripple abortion access” in the state. “By contrast, Louisiana will suffer no harm from a stay of the [Fifth Circuit] mandate.”
Rikelman said the Fifth Circuit ruling directly conflicted with the Whole Woman's Health decision. “The panel majority did not disturb the district court's factual finding that the law provides no health or safety benefit to women; it upheld the law despite that finding.”
Louisiana Solicitor General Elizabeth Murrill countered that the panel's opinion “hinged on a close review of a massive record, applying clear-error review to district court fact-finding. Plaintiffs cannot point to obvious errors, and they give no reason why this Court should redo the panel's work.”
The Supreme Court also has pending a petition from Indiana in which the state is appealing decisions blocking enforcement of state requirements for the disposal of fetal remains and restrictions on certain pre-viability abortions.
Planned Parenthood of Indiana and Kentucky challenged the law, signed in 2016 by then-governor of Indiana , now Vice President Mike Pence. The case is Box v. Planned Parenthood of Indiana and Kentucky.
Indiana this week filed a second petition in the high court, this one challenging a Seventh Circuit decision striking down the state's requirement that women seeking abortions have an ultrasound performed at least 18 hours before the procedure.
Read the Supreme Court's order below:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBaltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
3 minute readRegulatory Upheaval Is Coming. How Businesses Prepare and Respond Will Separate Winners and Losers
3 GOP States Join Paid Sick Leave Movement, Passing Ballot Measures by Wide Margins
5 minute readTrending Stories
- 1Judicial Ethics Opinion 24-61
- 2Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias
- 3US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 4Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 5McCormick Consolidates Two Tesla Chancery Cases
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250