Louisiana Abortion Case Tests Chief Justice Roberts’ Commitment To Guarding His Court’s Legacy
Chief Justice John Roberts, in a surprise move, joined the Supreme Court's liberal justices by voting to temporarily block a restrictive Louisiana abortion law from going into effect. While the decision isn't a guarantee that Roberts will protect abortion as a constitutional right, "it does suggest that he is at least in a go-slow mode,” court watchers say. Meanwhile, as abortion action has moved to the state-level, red and blue states are getting further and further apart on the issue.
The New York Times:
In Surprise Abortion Vote, John Roberts Avoids ‘Jolt To The Legal System’
At Chief Justice John G. Roberts Jr.’s confirmation hearings 14 years ago, the first dozen questions were about whether he would respect the Supreme Court’s abortion precedents. He was still answering those questions Thursday night. In a surprise move, the chief justice joined the Supreme Court’s liberal wing in a 5-to-4 decision blocking a Louisiana law that could have severely restricted abortion in the state. Although he offered no reason for his vote, there is little doubt that he wanted to avoid sending the message that the court was ready to discard a 2016 decision, a precedent, in which it struck down a similar Texas law. (Liptak, 2/8)
The Associated Press:
High Court Takes Abortion Vote, But Key Tests Still To Come
Activists on both sides of the abortion debate are reacting cautiously to a 5-4 Supreme Court vote blocking Louisiana from enforcing new abortion regulations. They agree that the crucial tests of the court's stance are still to come. Depending on the viewpoint, the vote represented a temporary victory or setback — but not proof as to how the court might deal with a slew of tough anti-abortion laws working their way through state legislatures and federal courts. (Crary, 2/8)
The Associated Press:
Collins: Kavanaugh's Attackers 'Haven't Even Read' Dissent
Critics of Republican Sen. Susan Collins are angry over Supreme Court Justice Brett Kavanaugh's opinion in an abortion case, saying it's proof that he's not following through on his assurance to respect past Supreme Court decisions on abortion. Kavanaugh was on the losing side of a 5-4 ruling that blocked a Louisiana law requiring abortion providers to have admitting privileges at a nearby hospital. (2/9)
Bloomberg:
Abortion Debate Reignited As Divisive Issue For 2020 Campaigns
The acrimonious debate over abortion that’s divided the country for generations is being reignited for the 2020 election with the Supreme Court’s tilt to the right and Democratic-led states moving to lift some restrictions on the procedure. New York has eased some restrictions on late-term abortions, and lawmakers in Virginia have proposed to do so. That has given anti-abortion advocates fresh arguments and targets. Both sides in the debate, at the same time, expect the Supreme Court with two conservative justices appointed by President Donald Trump to narrow abortion rights. (Edgerton and Kapur, 2/9)
The Wall Street Journal:
States Are Shifting Farther Apart On Abortion
Conservative and liberal states are pulling farther apart on the issue of abortion in response to the heightened possibility that the Supreme Court could limit access to some procedures. In Republican-led statehouses, such as Ohio and Kentucky, lawmakers are getting behind proposals to ban the procedure within the first trimester of a pregnancy. In more liberal legislatures, abortion-rights advocates are building momentum for laws like that just enacted in New York that loosen restrictions on late-term procedures and enshrine abortion rights into state codes. (Gershman, 2/8)
And in other news —
Los Angeles Times:
OB-GYNs Remain Conflicted About Abortion, Survey Shows, But Pills May Be Changing Attitudes
With the national abortion debate entering a new stage, a survey of U.S. obstetricians and gynecologists has found that while nearly 3 out of 4 had a patient who wanted to end a pregnancy in the past year, fewer than 1 in 4 were willing and able to perform one themselves. Among the doctors who answered questions about the procedure, 1 in 3 cited personal, religious or moral reasons for not providing abortion services. (Healy, 2/8)
The New York Times:
Prosecutor Drops Abortion Charge In Queens Murder Case, Stirring Debate
As Democrats in New York last month celebrated Gov. Andrew M. Cuomo’s signing of a law expanding abortion rights in the state, anti-abortion campaigners predicted it would eliminate criminal penalties for violence that ends women’s pregnancies. The debate resurfaced over the weekend after the Queens district attorney, Richard A. Brown, cited the Reproductive Health Act as the reason for dropping an abortion charge against a man who the police say fatally stabbed his former girlfriend when she was 14 weeks pregnant. (Southall, 2/10)
Wyoming Public Radio:
Anti-Abortion Bills Gain Popularity
Wyoming pro-choice supporters were unnerved by the passage of two bills that set certain requirements on doctors two years ago. This year, two more anti-abortion bills have passed the house that people have their eyes on. (Beck, 2/8)