The Supreme Court will hear five cases in the coming months – and the decisions that they make could be momentous. The third of these five cases is an abortion case that will challenge a recent Louisiana law. This is the first abortion case heard by the Supreme Court since President Trump appointed his justices. Opponents of the law point out that under this law, only one doctor in the state would qualify to provide abortions. This would obviously limit abortions in Louisiana. The Supreme Court will weigh in on this law in the coming months.

The Law and Moving Forward

The Supreme Court has both agreed to hear this case as well as block the law while the case is appealed (Gee v. June Medical Services).

This interim ruling was a bit of a surprise, as it passed 5 votes to 4. Chief Justice Roberts was the deciding vote. Chief Justice Roberts’ decision was surprising because he dissented in a recent decision that was quite similar (this being a 2016 case that took place in Texas).

The current Louisiana law was enacted in 2014. The law claims that for doctors to be able to provide abortions, they must also possess admitting privileges at hospitals nearby. Those who oppose the law claim that this constitutes an “undue burden” to a woman getting an abortion. They claim that this is the case since it does not do anything to further protect women’s health while making it harder for women to get an abortion. Undue burden was barred in the 1992 case of Planned Parenthood v. Casey. 

On the other hand, those who support this law claim that admitting privileges do contribute to the protection of women’s health if they are going to go through the abortion process. They claim that this law does not violate “undue burden.”

Additional Abortion Cases

This may not be the only abortion case that we see in the near future. It appears that some legislatures are pressuring the Supreme Court to consider overruling the 1973 decision in Roe v. Wade. Roe v. Wade made it a constitutional right to seek abortion. President Trump seeks to overturn this and is interested in appointing justices who would likely overturn the decision in Roe v. Wade.

Weighing In

We will have to wait and see what the Supreme Court decides regarding this abortion case and any future ones. If you would like to learn more about abortion in this country, or if you have questions about your rights, feel free to contact us. We are happy to inform you of your rights.