Whole Woman's Health v. Hellerstedt: Difference between revisions

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A few hours after the Supreme Court announced its ruling, Alabama Attorney General [[Luther Strange]] announced he would drop his appeal of a U.S. District Court ruling that had invalidated the state's hospital admitting privileges requirement for abortion providers.<ref>{{cite news | accessdate = June 28, 2016 | date = June 27, 2016 | url = http://www.al.com/news/index.ssf/2016/06/alabama_ag_luther_strange_says.html |publisher = AL.com | title = Alabama AG Luther Strange says state will drop appeal of abortion ruling | first = Mike | last = Cason}}</ref> On June 28, 2016, the Supreme Court declined appeals in related cases from Wisconsin and Mississippi. It let stand a ruling that the state of Washington can require pharmacists to fill prescriptions for contraceptives to which they have religious objections.<ref>{{cite news | accessdate = June 28, 2016 | date = June 28, 2016 | agency = Associated Press | work = Washington Post | url = https://www.washingtonpost.com/politics/courts_law/supreme-court-rejects-pharmacists-religious-rights-appeal/2016/06/28/d491befc-3d36-11e6-9e16-4cf01a41decb_story.html | title = Supreme Court rejects pharmacists' religious rights appeal }}</ref> Justice Alito, in a dissent joined by Chief Justice Roberts and Justice Thomas, wrote: "If this is a sign of how religious liberty claims will be treated in the years ahead, those who value religious freedom have cause for great concern."<ref>{{cite news | work = Washington Post | accessdate = June 28, 2016 | date = June 8, 2016 | url = https://www.washingtonpost.com/politics/courts_law/supreme-court-wont-hear-challenge-to-rule-that-pharmacies-dispense-emergency-contraception/2016/06/28/dd1f6c50-3d3a-11e6-84e8-1580c7db5275_story.html | title = Supreme Court won't hear challenge to rule that pharmacies dispense emergency contraception | first = Robert |last =Barnes}}</ref> The court also rejected appeals by Mississippi and Wisconsin that sought to require abortion providers to have hospital admitting privileges.<ref>{{cite news | title= Supreme Court Denies Mississippi, Wisconsin Efforts to Reinstate Abortion Laws | work = Wall Street Journal | date= June 28, 2016 | accessdate = June 28, 2016 | first = Jess | last = Bravin | url = https://www.wsj.com/amp/articles/supreme-court-denies-mississippi-wisconsin-efforts-to-reinstate-abortion-laws-1467124416 | url-status = dead}}</ref>
Louisiana had passed Act 620 in 2014, modeled after Texas' law that would require doctors to have admission privileges at a hospital within 30 miles, effectively reducing the number of legal clinics to one at the time of passage. The law was challenged by abortion clinics and doctors in ''[[June Medical Services, LLC v. Russo]]'', and while the District Court ordered an injunction to prevent the law going into effect, the [[United States Court of Appeals for the Fifth Circuit|Fifth Circuit]] reversed the injunction. The plaintiffs were able to obtainobtained an emergency stay onof the Fifth Circuit's decision from the Supreme Court to be held underwhile ''Whole Woman's Health'' was under litigation.{{awkward|date=September 2020}} Following this case's decision, the Louisiana law was declared unconstitutional by the District Court on rehearing on the basis of ''Whole Woman's Health'', but the Fifth Circuit again reversed the decision. Plaintiffs have again sought an emergency stay order from the Supreme Court.<ref>{{cite web | url = https://www.cnbc.com/2019/01/29/eyes-on-kavanaugh-and-gorsuch-as-supreme-court-weighs-abortion-law.html | title = Eyes on Kavanaugh and Gorsuch as Supreme Court weighs whether Louisiana abortion law can go into effect | first= Tucker | last =Higgens | date = January 29, 2019 | accessdate = January 29, 2019 | work = [[CNBC]] }}</ref> On February 7, 2019, the [[Supreme Court of the United States|United States Supreme Court]] granted a stay and temporarily enjoined the state of Louisiana from enforcing the law while the plaintiffs appeal the decision of the Fifth Circuit.<ref>{{cite web | url = https://www.nytimes.com/2019/02/07/us/politics/louisiana-abortion-law-supreme-court.html | title = Supreme Court Blocks Louisiana Abortion Law | first= Adam | last =Liptak | date = February 7, 2019 | accessdate = February 9, 2019 | work = [[New York Times]] }}</ref> The Supreme Court ruled on June 29, 2020 that the Louisiana law was similarly unconstitutional, with Roberts as the deciding vote. Roberts maintained his position of dissent in the opinion of the court but upheld the judgement of unconstitutionality as found in ''Whole Woman's Health'' as a matter of past court precedent.<ref name="usatoday opinion">{{cite web | url = https://www.usatoday.com/story/news/politics/2020/06/29/abortion-supreme-court-strikes-down-louisiana-restrictions-clinics/3014787001/ | title = Supreme Court strikes down abortion clinic restrictions in Louisiana, a defeat for conservatives | first = Richard | last= Wolf| date = June 29, 2020 | accessdate = June 29, 2020 | work = [[USA Today]]|archive-url=https://web.archive.org/web/20200701172224/https://www.usatoday.com/story/news/politics/2020/06/29/abortion-supreme-court-strikes-down-louisiana-restrictions-clinics/3014787001/|archive-date=July 1, 2020 }}</ref><ref name="nytimes decision">{{cite web | url = https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html | title = Supreme Court Strikes Down Louisiana Abortion Restrictions | first= Adam | last =Liptak | date = June 29, 2020 |accessdate = June 29, 2020 | work = [[The New York Times]]|archive-url=https://web.archive.org/web/20200701052059/https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html|archive-date=July 1, 2020 }}</ref><ref>{{cite news |last1=Barnes |first1=Robert |title=Courts & Law: Supreme Court strikes down restrictive Louisiana abortion law that would have closed clinics |url=https://www.washingtonpost.com/politics/courts_law/supreme-court-louisiana-abortion-law-john-roberts/2020/06/29/6f42067e-ba00-11ea-8cf5-9c1b8d7f84c6_story.html |accessdate=June 30, 2020 |work=The Washington Post |date=June 30, 2020 |archiveurl=https://web.archive.org/web/20200630005136/https://www.washingtonpost.com/politics/courts_law/supreme-court-louisiana-abortion-law-john-roberts/2020/06/29/6f42067e-ba00-11ea-8cf5-9c1b8d7f84c6_story.html |archivedate=June 30, 2020}}</ref>
== See also ==