Supreme Court to decide whether a state may force shut down of most abortion clinics.
The Supreme Court on Wednesday will hear its first abortion case since President Trump’s two appointees took their seats, a dispute that could mark the first step in a gradual retreat from Roe vs. Wade.
Abortion-rights advocates celebrated what they thought was a historic victory. But the court has changed significantly since then. In 2017, Trump named Justice Neil M. Gorsuch to replace the late Justice Antonin Scalia. And when Kennedy retired in 2018, Trump named Justice Brett M. Kavanaugh to replace him. For the first time, the court appears to have a majority of conservative justices inclined to sharply limit abortion rights or overturn Roe vs. Wade entirely.
In October, the court agreed to hear arguments and decide the Louisiana case. Though it marks the first abortion case the court has agreed to hear since Gorsuch and Kavanaugh joined, justices have taken other actions on the issue. They have refused to hear severalthat would have barred women from ending a pregnancy after receiving a diagnosis of Down syndrome. In another case, justices in a brief order upheld a measure that required clinics to bury or cremate the remains of a fetus.
“The doctors perform very brief procedures on drugged patients whom they never saw before and will never see again,” the state’s lawyers said. Yet in court, they “challenge a Louisiana health statute designed to protect those very patients from unscrupulous and incompetent abortion providers.”Legal experts were taken aback by the court’s willingness to consider the standing of doctors and clinics to bring lawsuits.
The third option would be to reverse the 2016 Texas decision and rule that health and safety regulations, like the admitting privileges rule, are constitutional. Trump administration lawyers have said the 2016 ruling should “be narrowed or overruled” if it stands in the way of reasonable regulations of abortion clinics.
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