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Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: Speedy
Date: June 29, 2020 09:43AM
[www.washingtonpost.com]

The Supreme Court on Monday struck down a restrictive Louisiana law that would have left the state with only one abortion clinic.

It was the first chance for a court reinforced by President Trump’s two conservative appointees to reconsider its abortion rights jurisprudence. But Chief Justice John G. Roberts Jr. joined the court’s liberals in striking down the law, saying it was required by the court’s decision overturning a Texas law in 2016.

“The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike,” Roberts wrote in concurring with the decision. “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 question was whether Louisiana’s 2014 law requiring doctors at abortion clinics to have admitting privileges at nearby hospitals unduly burdens women’s access to abortion. Practitioners have said it has proven impossible for most of the doctors to acquire the privileges, leaving only one eligible to perform the procedure.

It is almost identical to the Texas law struck down by the Supreme Court in 2016, which said the requirement did not have a medical benefit. Now-retired justice Anthony M. Kennedy joined the court’s four liberals to form a majority in what was its most important endorsement of abortion rights in 25 years.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: samintx
Date: June 29, 2020 09:51AM
Hurray!! There are some other decisions coming up that have consequence.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: pdq
Date: June 29, 2020 10:12AM
I presume that the State of Louisiana paid the lawyer bills to take this law, essentially identical to one already struck down, to the Supremes.

I wish the Supremes would start charging court costs to these states in this endless game of whack-a-mole.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: rjmacs
Date: June 29, 2020 10:42AM
This decision is good news in the short term, and good news for Roe v. Wade in general. However, it opens a Pandora's box of possibilities for opponents of women's autonomy in healthcare.

Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

I'm glad that for now, Louisiana must remain a freer place.



rj
AKA
Vreemac, Moth of the Future
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: NewtonMP2100
Date: June 29, 2020 11:06AM
....eat my shorts.....Trump.......another one against him......



_____________________________________

I reject your reality and substitute my own!
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: pdq
Date: June 29, 2020 11:10AM
Quote
rjmacs
Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

The cynical part of me says that Republicans will never end abortion, even if/when they can. That would be killing the golden goose, both in terms of voters and contributions. Especially when all they really have to do is posture, over and over again.

And they will.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: rjmacs
Date: June 29, 2020 11:12AM
Quote
pdq
Quote
rjmacs
Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

The cynical part of me says that Republicans will never end abortion, even if/when they can. That would be killing the golden goose, both in terms of voters and contributions. Especially when all they really have to do is posture, over and over again.

And they will.

Did you feel the same way about immigration and unauthorized immigrants before Herr Miller, too?



rj
AKA
Vreemac, Moth of the Future
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: pdq
Date: June 29, 2020 01:00PM
Quote
rjmacs
Quote
pdq
Quote
rjmacs
Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

The cynical part of me says that Republicans will never end abortion, even if/when they can. That would be killing the golden goose, both in terms of voters and contributions. Especially when all they really have to do is posture, over and over again.

And they will.

Did you feel the same way about immigration and unauthorized immigrants before Herr Miller, too?

Decent point, although I think abortion is in a whole other league - I think there are fewer single-issue zealot voters in the anti-immigrant issue. Furthermore, Republican demographic groups (businessmen, farmers, etc) need a steady supply of cheap foreign workers, and so would never support a complete end to foreign workers/immigrants.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: PeterB
Date: June 29, 2020 01:16PM
Quote
rjmacs
This decision is good news in the short term, and good news for Roe v. Wade in general. However, it opens a Pandora's box of possibilities for opponents of women's autonomy in healthcare.

Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

I'm glad that for now, Louisiana must remain a freer place.

It irritates the heck out of me that we have all these folks down here who would argue that that abortion is murder, yet have no problem with the death penalty or people of color being killed by police.

I'm happy that this decision is yet another slap in the face to the Great Orange Galactic Embarrassment.




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: RgrF
Date: June 29, 2020 08:09PM
It's welcome but it's only really a temporary reprieve.
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: Rolando
Date: June 29, 2020 11:45PM
My crazy-wing Cousin explained Roberts vote to me:

The logs show a john Roberts going to Epsteins island. He folds on key rulings that should be a no brainer for a conservative.

And surely you’re dont believe blackmail doesnt happen in politics.




San Antonio, TX (in the old city)


"All that is required for evil to prevail is for good men to do nothing." - Edmund Burke
“Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." - Eli Weisel

"To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public." - Theodore Roosevelt (1918)

"I don’t want to see religious bigotry in any form. It would disturb me if there was a wedding between the religious fundamentalists and the political right. The hard right has no interest in religion except to manipulate it." - Billy Graham 1981

"Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can't and won't compromise" - Barry Goldwater
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Re: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics
Posted by: pdq
Date: June 30, 2020 08:23AM
Quote
pdq
Quote
rjmacs
Roberts did not agree with the reasoning in the 2016 Texas case - he dissented strongly, signaling that he would support restrictions in principle. In today's decision, he recognized the importance of recognizing precedent (stare decisis) as his rationale for striking down Louisiana's identical law. However, there are many other ways anti-choice activists can and will try to restrict access to abortion, and it's likely that other laws, not identically written, will be upheld by this Court.

The cynical part of me says that Republicans will never end abortion, even if/when they can. That would be killing the golden goose, both in terms of voters and contributions. Especially when all they really have to do is posture, over and over again.

And they will.

This is how it goes:

Quote

“This ruling adds a new level of fervor and enthusiasm for the election,” said Mallory Quigley, spokesperson for the Susan B. Anthony List, an anti-abortion advocacy group. “We always knew we needed a bigger margin on the court, and whoever wins this election will likely have the opportunity to appoint additional justices. Making sure it’s President Trump and not Joe Biden is essential.“

RollingEyesSmiley5
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