BY MARY ZIEGLER, OPINION CONTRIBUTOR
When it comes to abortion, all eyes are currently on the Supreme Court. But in the states, pro-life and pro-choice forces are already shadowboxing about what a post-Roe v. Wade America will look like.
Two states with abortion on the ballot this week just offered a very different perspective on the shape of battles yet to come. By a 62.1 to 39.1 percent margin, Louisiana amended its constitution to declare that there was no state right to abortion or abortion voting. By contrast, in a closely watched Colorado vote, the state rejected a ballot initiative banning abortion at 22 weeks by a 59.1 to 40.9 percent.
By Tracey Anne Duncan
November 4, 2020
As we all drown in the uncertainty of the presidential race, one thing is becoming abundantly certain: Our reproductive rights are under attack. Last night, Louisiana passed an amendment which says that the state’s constitution does not protect a person’s right to abortion or in any way allow public funding of abortion. I asked sex workers to explain what this abortion amendment means for them — and the rest of us. People who work in the sex industry tend to be better informed about the laws and policies that govern our bodies and sexual behavior than basically everyone and are also often more comfortable speaking candidly — and with deep insight — about controversial topics.
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.
by Corinne Ahrens
In June Medical Services v. Russo, a majority of the U.S. Supreme Court struck down Louisiana’s Unsafe Abortion Protection Act—a predatory law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. If left unchecked, the law had the potential to virtually eliminate abortion access across the state, leaving thousands of Louisianan-residents with no way to obtain a safe, legal abortion.
The Louisiana law argued in June Medical is identical to a Texas law struck down in the 2016 Whole Woman’s Health v. Hellerstedt case, as both required a 30-mile admitting privilege requirement for physicians. Both laws purport to protect those seeking an abortion—but were actually intended to shut down clinics and deny abortion care to those who need it most.
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.”
July 01, 2020
Abortion rights advocates have reason to be relieved with the Supreme Court’s opinion Monday.
In a move that surprised many -- including me -- Chief Justice John Roberts joined the four liberal justices and struck down a Louisiana law that would have greatly limited the number of abortions in the state, forcing many of the state's most vulnerable women to travel long distances, face delays or forgo care altogether. The court’s ruling in June Medical Services v. Russo will allow the state's remaining clinics to continue serving the 10,000 women who seek abortions annually.
States have passed hundreds of anti-abortion laws in the last few years. At the Supreme Court, we were successful in striking down just one.
Kathaleen Pittman, Opinion contributor
June 30, 2020
For six years, my lawyers have been fighting a law that would have shut down the abortion clinic I run in Shreveport, Louisiana — Hope Medical Group for Women. On Monday, we won in the U.S. Supreme Court, which struck down the law, meaning we can stay open for our patients. I am relieved that the court saw through Louisiana’s deceitful attempts to shut us down, but I'm still deeply worried.
I wish the relentless attempts by politicians to shut down our clinic would finally stop. I know they won’t.
US top court strikes down law limiting abortions
29 June 2020
The US Supreme Court has ruled that a law restricting abortions in Louisiana is
In a landmark decision, the justices said a law requiring that doctors who
provide abortions have the right to admit patients at a local hospital placed
an undue burden on women.
The Supreme Court’s
abortion decision seems pulled from the ‘Casey’ playbook
Opinion by Melissa Murray
June 29, 2020
Depicted as a serpent or a dragon eating its own tail, the ouroboros in Greek
mythology was interpreted as a symbol of eternal renewal — the infinite cycle
of life, death and rebirth. Now, the ouroboros lives on in the Supreme Court’s
abortion jurisprudence and in the court’s invocation of the doctrine of stare
Latin for “let the decision stand,” stare decisis has shaped the court’s
abortion jurisprudence — and the public debate over abortion rights. Consider
the calls to overrule Roe v. Wade, the 1973 Supreme Court decision that
recognized a woman’s right to choose an abortion. Although abortion opponents
insist that Roe is both morally abhorrent and constitutionally unprincipled,
the court, citing deference to precedent, has declined multiple invitations to
overrule the decision.
Another abortion rights disaster has been averted, but don’t get complacent: More are on their way
Jun 29, 2020
Remember what good news feels like? The Supreme Court ruled Monday against a Louisiana law mandating abortion providers have admitting privileges at nearby hospitals — a policy that could have closed down all of the state’s few abortion clinics.
Since there are so few bright spots these days, I plan on spending some time basking in the unfamiliar glow of a win — but, as NARAL Pro-Choice America president Ilyse Hogue put it, “Let’s make sure we’re ready for the next attack.”