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Thread started 06/29/20 9:49am

poppys

SCOTUS Louisiana Abortion Decision



https://khn.org/news/supreme-court-rejecting-restrictive-la-law-refuses-to-roll-back-abortion-rights/

clapping Roberts went along with the precedent from Texas. He doesn't necessarily agree with Abortion Rights. But it's still a WIN!

In a decision certain to roil the fall elections, a Supreme Court with a majority of anti-abortion justices Monday refused to use its first opportunity to roll back abortion rights. In a 5-4 ruling, the justices said a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital is an unconstitutional burden on a woman’s right.

The decision in June Medical Services v. Russo effectively upholds a case from just four years ago. In 2016, in Whole Woman’s Health v. Hellerstedt, a 5-3 majority struck down portions of a controversial Texas law, including not only the admitting privileges requirement, but also a requirement for abortion clinics to meet the same standards as surgical centers that perform more advanced procedures.

The deciding vote was cast by Chief Justice John Roberts, who voted in the past case to uphold the Texas law. In a concurring opinion, he said his vote here was based on the court’s unwritten rules about precedent.

“The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike,” Roberts wrote. “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.”...

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"if you can't clap on the one, then don't clap at all"
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Reply #1 posted 06/29/20 9:51am

cborgman

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good. it was a sham law whose only purpose was to minimize access to abortion.


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[Edited 6/29/20 9:52am]

Power tends to corrupt; absolute power corrupts absolutely. - Lord Acton
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Reply #2 posted 06/29/20 9:59am

poppys

cborgman said:

good. it was a sham law whose only purpose was to minimize access to abortion.

Yeah, we're dealing with a lot of that down here. Louisiana because of Catholicism. Texas, Mississippi and Alabama because of the Evangelical umbrella. Plus the added bonus of keeping poor people poor and feeding the penal system. After slavery, convicts were used to work the fields. There's a great movie called Convicts about their use in Texas after the war. Robert Duvall made it. It's very depressing though.

"if you can't clap on the one, then don't clap at all"
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Reply #3 posted 06/29/20 3:29pm

DiminutiveRock
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clapping clapping clapping clapping

Glad to know that when push comes to shove, there are 5 jurists who look at things according to the law and rights bestowed by the Constitution and not ideology, even if one of them does not personally agree with it. whew




[Edited 6/29/20 20:47pm]

"His wretched incompetence and imbecility have weakened the country, delighted our adversaries and terrified our friends. Never in the annals of American history has a bigger failure and joke risen as high as the @realDonaldTrump" - S. Schmidt
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