USA – Supreme Court conservatives want to topple abortion rights — but can’t seem to agree on how

By Joan Biskupic, CNN legal analyst & Supreme Court biographer
Fri March 19, 2021

(CNN) Conservative Supreme Court justices have demonstrated a desire to reverse prior decisions on abortion rights. The question, with Chief Justice John Roberts no longer the undisputed swing vote on abortion, is when and how far at least five justices will go to overturn rulings that support a constitutional right to end a pregnancy.

The aims of individual justices, based on their recent writings, range from reversing Roe v. Wade to forbidding clinics from challenging restrictions on behalf of women to relaxing the standard that states must meet to limit women's access to the procedure.

Continued: https://www.cnn.com/2021/03/19/politics/abortion-supreme-court-conservatives-thomas-roberts/index.html


How Barrett’s confirmation could influence the fight over abortion access

PBS, Oct 21, 2020
by Courtney Vinopal

Over her three-day confirmation hearing, Supreme Court nominee Amy Coney Barrett repeatedly declined to discuss her stance on abortion. But while there is no way to know for certain how she will rule on such cases, legal scholars say that her record, as well as a careful reading of certain answers she gave the Senate Judiciary Committee, gives clues about where the Supreme Court could be headed on issues of reproductive rights.

Barrett assured members of the committee that she would bring “no agenda” to her role if confirmed to the high court. She has also expressed anti-abortion beliefs in the past, and joined two dissents on abortion restriction cases during her time on the 7th Circuit Court of Appeals.

Continued: https://www.pbs.org/newshour/nation/how-barretts-confirmation-could-influence-the-fight-over-abortion-access


USA – Supreme Court’s split decision for abortion rights gives opponents an unlikely boost

Richard Wolf
Aug 31, 2020, USA TODAY

WASHINGTON – The Supreme Court's decision in June striking down a Louisiana restriction on abortion clinics is giving abortion opponents an unlikely opportunity in other states.

Officials in Texas, Ohio, Indiana, Kentucky and Oklahoma have in recent weeks argued that the high court's 5-4 ruling actually bolsters their defense of anti-abortion laws, even though the justices ruled against Louisiana.

Continued: https://www.usatoday.com/story/news/politics/2020/08/31/abortion-supreme-courts-ruling-abortion-rights-boosts-opponents/5624869002/


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/


USA – It’s Time to Drop the Pretense About Abortion Restrictions

Alice Clapman, Planned Parenthood Federation of America
Aug. 10, 2020

The U.S. Supreme Court’s decision in June Medical Services struck down a Louisiana law requiring doctors to have privileges at a local hospital in order to perform abortions. Alice Clapman, litigator for Planned Parenthood Federation of America, says it’s time to recognize that many state abortion restrictions billed as “common sense health and safety regulations” are nothing more than tactics to hinder care, especially for rural communities and people of color who face systemic barriers to health care.

On June 29, in June Medical Services v. Russo (JMS), the U.S. Supreme Court struck down a Louisiana law that would have left the state with only one abortion provider. From the moment the court’s fractured decision came down, commentators began speculating and debating whether it signals a shift. Had the court moved from the balancing test applied in Whole Woman’s Health v. Hellerstedt to a more deferential test, one that would focus solely on the degree of burden imposed by a challenged restriction, without inquiring into whether that restriction serves any valid state interest?

Continued: https://news.bloomberglaw.com/us-law-week/insight-its-time-to-drop-the-pretense-about-abortion-restrictions


USA – John Roberts’ Stealth Attack on Abortion Rights Just Paid Off

A federal appeals court will allow Arkansas to create degrading new hurdles for people seeking abortions.

By Dahlia Lithwick and Mark Joseph Stern
Aug 07, 2020

The Supreme Court’s recent decision in June Medical v. Russo was hailed by many liberal court watchers as a win for reproductive rights, as the court declined to overturn Roe v. Wade and formally eliminate the right to an abortion. On Friday, however, a federal appeals court ruled that June Medical significantly narrowed the constitutional right to abortion access. The 8th U.S. Circuit Court of Appeals panel swept away an injunction that had blocked Arkansas from enforcing a slew of abortion restrictions, including a requirement that patients pregnant as a result of rape notify their rapists before terminating their pregnancy. The appellate court’s decision confirms that Chief Justice John Roberts’ controlling opinion in June Medical will serve as a tool to eviscerate abortion rights. Those who briefly heralded him as a champion of reproductive freedom were too caught up in the halftime show to see the game.

Continued: https://slate.com/news-and-politics/2020/08/john-roberts-8th-circuit-abortion-rights-arkansas.html


USA – Abortion Restrictions After June Medical Services

A concurring opinion leaves the standard for determining the constitutionality of abortion restrictions in doubt.

Aug 4, 2020
Rachel Rebouche

At the end of June, the U.S. Supreme Court handed down its decision in June Medical Services v. Russo. At issue was a Louisiana law, the Unsafe Abortion Protection Act. Like hundreds of similar state laws across the country, this law would have made abortion services difficult, if not impossible, to obtain in Louisiana.

A majority of the Court struck down the Louisiana law, but five justices did not agree on why the law was unconstitutional. Chief Justice John Roberts concurred only in judgment—and his concurrence may be the key to understanding what regulations the Court will or will not permit in the future.

Continued: https://www.theregreview.org/2020/08/04/rebouche-abortion-restrictions-june-medical/


USA – Despite Supreme Court Win, Abortion Rights Are Still Not Safe

Attacks on reproductive freedom have the greatest effect on communities that already face significant barriers to accessing health care.

Jul 20, 2020
Kirsten Gillibrand

Last month, the U.S. Supreme Court blocked the implementation of a law that would have left just one clinic and one doctor authorized to perform abortions in Louisiana, a state of more than 4.5 million people and 50,000 square miles.

Even though four justices ignored the Court’s own precedent, the ruling in June Medical Services v. Russo gave reproductive health, rights, and justice supporters across the country the chance to breathe a sigh of relief. But as we began leafing through the pages of the opinions, cracks started to appear, reminding us that our freedom remains up for grabs and our fight is nowhere near over.

Continued: https://rewire.news/article/2020/07/20/despite-supreme-court-win-abortion-rights-are-still-not-safe/


That Supreme Court ruling on the Louisiana abortion case wasn’t a big win for pro-choice advocates after all

The fate of Roe v. Wade is more uncertain than ever

Published: July 17, 2020
By Mary Ziegler

When the Supreme Court handed down its ruling striking down a Louisiana law that would have limited abortion access in that state, progressives celebrated. Their reasoning on June 29 was simple: By joining the court’s liberal justices, Chief Justice John Roberts had proven his commitment to the principle of precedent.

But the court had also sent several cases — all big wins for abortion rights — back to lower courts for reconsideration.

Continued: https://www.marketwatch.com/story/that-supreme-court-ruling-on-the-louisiana-abortion-case-wasnt-a-big-win-for-pro-choice-advocates-after-all-2020-07-17


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/