Courts are already cutting off abortion access — without saying a word about Roe

If almost no restrictions count as an “undue burden,” there’s not much to overrule.

By Mary Ziegler
August 17, 2020

Since President Trump nominated Brett M. Kavanaugh to the Supreme Court, everyone has placed bets about how long it would be before Roe v. Wade was overturned. What everyone forgot is that the Supreme Court can functionally eliminate access to abortion without saying a word about Roe itself.

This week’s abortion decision out of Arkansas should certainly refresh everyone’s memories. The U.S. Court of Appeals for the 8th Circuit, which just handed down a decision in Hopkins v. Jegley, had the first crack at interpreting the Supreme Court’s recent decision in June Medical Services v. Russo. In that earlier case, the high court struck down a Louisiana law requiring abortion doctors to have admitting privileges at a nearby hospital. At the time, progressives celebrated what seemed to be a big victory for abortion rights. Legal commentator Jeffrey Toobin proclaimed that Chief Justice John G. Roberts Jr., in joining his more liberal colleagues, had turned over a new leaf.

Continued: https://www.washingtonpost.com/outlook/2020/08/17/jegley-undue-burden-roe/

The Narrow Victory of June Medical Might Pave the Way for Future Abortion Restrictions

July 15, 2020
By David S. Cohen

June Medical v. Russo was a victory for Louisiana’s three independent abortion clinics and the thousands of people in the state they can now continue to serve. But, going forward, Chief Justice Roberts’ concurring opinion could pave the way for federal courts to bless a host of abortion restrictions that would make access to care more difficult.

To understand what might happen based on the Chief’s opinion, it’s instructive to look at Planned Parenthood v. Casey. In that case, the Court announced the undue burden test, a test that in theory could have had bite. Per the decision, “An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.”

Continued: https://blog.petrieflom.law.harvard.edu/2020/07/15/june-medical-abortion-restrictions-john-roberts/

Supreme Court hands down major decision reaffirming abortion rights

Supreme Court hands down major decision reaffirming
abortion rights
The case, June Medical Services v. Russo, has major
implications.

By Alexandra Svokos, ABC News Daily
29 June 2020

The Supreme Court announced a major ruling on abortion, deciding that the
Louisiana law is unconstitutional and should not stand.

The opinion was written by Justice Stephen Breyer, joined by Justices Ruth
Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts
also filed an opinion concurring for the majority.

Continued: https://abcnews.go.com/Politics/supreme-court-hands-major-decision-louisiana-abortion-case/story?id=71254751

Explaining the third-party question in the Supreme Court abortion case

Explaining the third-party question in the Supreme Court abortion case
Third-party standing could impact abortion cases down the road.

By Alexandra Svokos
21 June 2020

The Supreme Court will be announcing a decision in a major abortion case soon, and while it's centered on one state law, another question has come up in the case that could have massive consequences for the future of abortion laws in America.

June Medical Services v. Russo is a challenge to a Louisiana law requiring abortion providers have admitting privileges with a nearby hospital, an agreement between a doctor and a hospital that allows a patient to go to that hospital if they need urgent care.

Continued: https://abcnews.go.com/Politics/explaining-party-question-supreme-court-abortion-case/story?id=71373615

USA – All eyes on Roberts ahead of Supreme Court’s abortion ruling

All eyes on Roberts ahead of Supreme Court's abortion ruling

By John Kruzel, The Hill
06/21/20

Chief Justice John Roberts is under the microscope as the Supreme Court prepares to issue its first major ruling on abortion rights in the Trump era, which will give the clearest indication yet of the court’s willingness to revisit protections that were first granted in Roe v. Wade.

The tie-breaking vote may rest with Roberts, and the case stands to test his role as the court’s new ideological center as well as his allegiance to past rulings.

Continued: https://thehill.com/regulation/court-battles/503645-all-eyes-on-roberts-ahead-of-supreme-courts-abortion-ruling

Will the Supreme Court Strike a Devastating Blow to Abortion Rights?

Will the Supreme Court Strike a Devastating Blow to Abortion Rights?

By Caitlin Moscatello
June 17, 2020

In its first major test on abortion since President Trump appointed conservative Justices Neil Gorsuch and Brett Kavanaugh, the Supreme Court is expected to render a decision soon that will signal to state lawmakers how far they can go in restricting abortion access. How the Court comes down on the case could also serve as an indicator of its willingness to dial back reproductive rights going forward.

The case, June Medical Services v. Russo, comes out of Louisiana, but is strikingly similar to a Texas law the Court struck down four years ago in Whole Woman’s Health v. Hellerstedt. Both are considered to be the targeted regulation of abortion providers: Known as TRAP laws, they are medically unnecessary abortion restrictions that lawmakers pass under the guise of protecting women’s health.

Continued: https://www.thecut.com/2020/06/supreme-court-case-june-medical-v-russo-may-change-abortion.html

17.06.2020

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Andrea Miller

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Stuart Kyle Duncan: the Trump-appointed judge working to ban Louisiana abortions

Stuart Kyle Duncan: the Trump-appointed judge working to ban Louisiana abortions
The ultra-conservative fifth circuit court judge repeatedly upheld the ban in Texas and could result in clinic closures across Louisiana

Rosemary Westwood in New Orleans
Sun 14 Jun 2020

A landmark US Supreme Court ruling expected before the end of June could shutter most of Louisiana’s abortion clinics and precipitate clinic closures in more than a dozen other states.

The case, June Medical Services v Russo, is one of the most high-profile supreme court cases of the year, after Donald Trump appointed two justices who tipped the balance of the court to a conservative majority. And it might never have reached the supreme court without the aid of another Trump-appointed judge, Stuart Kyle Duncan.

Continued: https://www.theguardian.com/law/2020/jun/14/stuart-kyle-duncan-the-trump-appointed-judge-working-to-ban-louisiana-abortions

USA – ‘Clinics will be forced to close’: Abortion rights backers fearful of upcoming Supreme Court ruling

'Clinics will be forced to close': Abortion rights backers fearful of upcoming Supreme Court ruling
A Louisiana law in question requires clinic doctors to have admitting privileges at a hospital within 30 miles.

June 7, 2020
By Chloe Atkins

The Supreme Court is expected to rule soon on its first major abortion case since President Donald Trump put in place a conservative majority on the bench.

At the heart of the case is a Louisiana law, Act 620, that requires doctors performing abortions to have admitting privileges at a hospital within 30 miles of the clinic. If the law is upheld, a district court found that Louisiana would be left with one abortion clinic to serve the nearly 10,000 women who seek abortions in the state annually.

Continued: https://www.nbcnews.com/politics/supreme-court/clinics-will-be-forced-close-abortion-rights-backers-fearful-upcoming-n1226721

USA – The Supreme Court Might Be About to Make It Nearly Impossible to Stop Anti-Abortion Laws

The Supreme Court Might Be About to Make It Nearly Impossible to Stop Anti-Abortion Laws
This case is the biggest abortion test of the Trump-era court.

by Carter Sherman
May 30 2020

The Supreme Court is expecting to rule in the coming weeks on the biggest abortion case of the Trump era.

Technically, the case asks whether Louisiana doctors must possess admitting privileges at nearby hospitals, a requirement that would force all but one clinic in the state to close. But Louisiana has also raised the stakes very, very high for the rest of the nation: If the Supreme Court sides with Louisiana, abortion providers may completely lose the right to sue on their patients’ behalf.

continued: https://www.vice.com/en_ca/article/qj489v/the-supreme-court-might-be-about-to-make-it-nearly-impossible-to-stop-anti-abortion-laws

USA – When Will These Attacks on Abortion Rights End? You Won’t Like the Answer.

When Will These Attacks on Abortion Rights End? You Won’t Like the Answer.
Legal precedent means very little to judges and justices personally opposed to abortion rights, as we've seen during the COVID-19 outbreak.

Apr 22, 2020
Jessica Mason Pieklo

It seems each day brings new developments on abortion rights in the time of COVID-19. It’s maddening and has left me with one lingering question: Will this shit ever end?

The U.S. Court of Appeals for the Fifth Circuit once again put a halt on nearly all abortions in Texas, issuing a ruling Monday allowing the state to enforce Gov. Greg Abbott’s (R) COVID-19 ban.

Continued: https://rewire.news/article/2020/04/22/when-will-these-attacks-on-abortion-rights-end-you-wont-like-the-answer/