Conservatives and pro-life advocates in this country were hoping the Louisiana abortion law had been tweaked enough to get through the Supreme Court.
Sadly, it has once again failed, and the Supreme Court has ruled 5-4 against the Louisiana case that would have placed restrictions on abortion clinics.
Chief Justice Roberts was once against the swing vote that has delivered a crushing blow to conservatives.
A similar law had been passed in Texas in 2013, but the Supreme Court ruled 5-3 in 2016 that the law was too restrictive.
The hope in Louisiana was that the law had been changed enough to reflect the concerns of the Supreme Court in that previous ruling.
The court, however, ruled that the Louisiana law was “almost word-for-word identical” to the case in Texas.
When this case had been initially brought before a federal court, the case was struck down on the 2016 Supreme Court precedent, but an appeals court ruled in favor of the new law, which sent the Louisiana case to the Supreme Court to be judged on its own merits.
The majority opinion was penned by Justice Stephen Breyer, who wrote, “We have examined the extensive record carefully and conclude that it supports the District Court’s findings of fact.
“Those findings mirror those made in Whole Woman’s Health in every relevant respect and require the same result.
“We consequently hold that the Louisiana statute is unconstitutional.”
Roberts Fails Conservatives Again
Chief Justice Roberts was the deciding vote and the fact he has once again sided with liberals on this specific issue is infuriating conservatives.
In a concurring opinion, Roberts wrote, “The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike.
“The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”
Justice Thomas, in his dissenting opinion, wrote, “Today a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction.”
This is yet another crushing blow delivered by Justice Roberts, who seems to be a fifth liberal justice rather than a Chief Justice representing the Constitution of this country.
Politics are not supposed to penetrate the judiciary, but Roberts seems intent on allowing today’s political climate to dictate his decisions rather than the Constitution, common sense, and the rule of law.