Gov. Edwards releases statement after Supreme Court blocks La. abortion clinic law

Pablo Martinez Monsivais  Associated Press  File

Chief Justice John Roberts broke with the Supreme Court's other conservative justices and his own voting record on abortion to block a Louisiana law requiring abortion providers to have admitting privileges at a nearby hospital.

The law in question was Louisiana's Unsafe Abortion Protection Act of 2014, which required that doctors performing abortions must "h$3 ave active admitting privileges to a hospital that is located not further than thirty miles from the location at which the abortion is performed or induced and that provides obstetrical or gynecological health care services".

The majority of five justices included Chief Justice John Roberts, who leans conservative but has become the closest thing to a swing vote in controversial cases since the retirement of Justice Anthony Kennedy, who frequently broke ties on the divided court.

This decision is unlikely to be the end of the Louisiana case, as the Supreme Court could reconsider it next term.

Planned Parenthood noted Friday that the outcome of the Louisiana case means "access to abortion in the state remains protected for now", but expressed concern that "Kavanaugh's dissent reminds us the threat to Roe v. Wade remains very real".

Thursday night's ruling would not prevent the court from eventually agreeing to take up the case and uphold the law in the future.

Thursday's decision offers a temporary reprieve for abortion rights advocates-especially in Louisiana, where the law would have winnowed the number of abortion providers in the state down to one.

Abortion lawyers then applied to the U.S. Supreme Court to grant an emergency stay while they prepared a petition for certiorari to request that the nation's highest court hear their case.

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And that, says Litman, is the flawless cover for conservative judges to use for the next novel anti-abortion regulation that comes along. Susan Collins (R-ME) that he would never undermine abortion rights, dissented, arguing the law should be allowed to take effect.

Kavanaugh took the bait, abandoned his post as guardian of precedent, and started an under-the-radar attack on reproductive freedom without even admitting to doing so.

One state took action, passing a pro-life law that requires abortionists to have hospital admitting privileges to protect health and safety. "The three clinics left in Louisiana can stay open while we ask the Supreme Court to hear our case".

William Jacobson, a Cornell law professor and conservative legal commentator, concluded it was "unlikely the law ever is going to be allowed to go into effect in the current configuration of the court". Furthermore, during the 45-day transition period, 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. Three years ago, Roberts was in dissent when the court struck down a Texas law that is strikingly similar to the blocked Louisiana measure.

But the Supreme Court's conservatives, this time including Roberts, overruled.

This dissenting opinion written by Brett Kavanaugh could not be clearer as to his motivations. If that proved insurmountable, the challengers could come back to the court, he said. In other words, Kavanaugh would let play out in Louisiana what originally played out in Texas before the Supreme Court eventually blocked HB 2-and thousands of people who needed abortions would have found themselves scrambling or unable to access them entirely. It would have placed Roberts right alongside the justice who accused the Clintons of running a political hit campaign against his Supreme Court nomination once credible allegations of sexual assault against him surfaced.

The Louisiana clinics had argued that they would have been forced to stop performing abortions immediately and that clinics, once closed, are hard to reopen.

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