Supreme Court strikes down Louisiana’s abortion law | The Abortion Divide | FRONT LINE | PBS

The Supreme Court today ruled unconstitutional a Louisiana law that would give doctors performing abortions access to nearby hospitals.

Chief Justice John Roberts joined the court’s four Liberal justices in the 5-4 decision, but not in their reasoning.

In the event of, June Medical Services vs RussoJudge Stephen Breyer wrote for the majority, noting that the Louisiana law is “almost literally identical” to Texas restrictions, which the Supreme Court struck down in that case in June 2016 Whole Woman’s Health v. Hellerstedt. In a 5-3 decision at the time, the court said the requirements — that doctors performing abortions have licensing privileges at nearby hospitals, and that abortion clinics meet the same standards as outpatient surgical centers — present a “significant barrier to women seeking an… want an abortion” and places an “unreasonable burden” on their right to an abortion.

Since that ruling four years ago, President Donald Trump’s Supreme Court appointment has brought the court to a solid conservative majority. Justice Anthony Kennedy, who sided with liberal justices in the 2016 ruling, retired and was replaced by Justice Brett Kavanaugh — a move lawmakers and activists on both sides of the issue saw as a step closer to overthrow Roe v. calf.

In Monday’s decision, Breyer referenced the 2016 decision, saying the results in this case “reflected in all relevant respects and require the same outcome” as four years ago. He wrote, “We therefore believe that the Louisiana Statute is unconstitutional.”

Roberts wrote that while he disagreed with the 2016 ruling and still believes the case was wrongly decided, the precedent set by that ruling required the court to “treat like cases equally.”

“Louisiana law places as heavy a burden on access to abortion as Texas law does for the same reasons,” Roberts wrote. “Therefore, Louisiana law cannot stand our precedent.”

Judge Clarence Thomas disagreed, saying the case was “brought up by abortionists and abortion clinics” that have no legal standing. He also wrote that “our precedents on abortion are gravely wrong and should be overturned.” Judges Samuel Alito, Neil Gorsuch and Kavanaugh also disagreed.

FRONTLINE has been documenting the fight for abortion for several decades. 1983 – 10 years after the landmark decision of Roe v. calf – abortion clinic showed what women experienced when they requested an abortion in Pennsylvania and spoke to members of the community who were protesting.

2019, The Abortion Divide returned to the same state to see how the problem had evolved over more than three decades. Women shared the deeply personal and sometimes difficult choices they face when having an unplanned pregnancy. “I’m already struggling with the four I have,” Shaharra, one of the women seeking an abortion, told FRONTLINE. “So I’m not sure what my other option would be, but if that wasn’t an option then I know I would struggle.”

The documentary also followed members of the anti-abortion community. dr George Isajiw, who has been advising women against abortion for several decades, said: “I know when women find out what abortion really does and what it is about, there are very few who actually want to do that to their baby. ”

watch The Abortion Divide to understand how the debate and tactics have evolved over 30 years.

In the year 2005, The last abortion clinic examined how anti-abortion activists managed to change the facts on the ground while the issue was being debated nationally. They created “crisis pregnancy centers” that offer pregnancy tests and ultrasounds to try to convince women not to have abortions, and created state laws to regulate or limit abortion.

Peter Samuelson, who at the time was president of Americans United for Life, an anti-abortion group dedicated to changing state laws, explained their approach: “If abortion is going to be legal — and it will be in the short term — we want to.” ensure that when a woman undergoes an abortion, this clinic, like any other outpatient clinic, has the proper equipment and trained staff to handle any medical emergency situations that may arise.”

Bonnie Scott Jones, an attorney representing the last abortion clinic in Mississippi at the time, said, “The same people who say they want the best facility for women do everything they can to ensure that every facility they can control not offering abortions.” She added that “their motive is not to perform an abortion in the environment they deem safest, but simply to stop the abortion.”

Opponents of the Louisiana law, which the Supreme Court struck down Monday, told the Jackson Free Press in March that the law could also have made it harder for women in neighboring Mississippi and other states to have access to abortion if it had prompted the closure of more clinics in Louisiana would have led.

And just like back then The last abortion clinic was released, the focus in the abortion fight is back on the Supreme Court.