Supreme Court stays Louisiana anti-abortion law, Roberts sides with liberals

Le·gal In·sur·rec·tion | 2/7/2019 | William A. Jacobson
ali11 (Posted by) Level 3
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The Supreme Court has granted a stay of the new Louisiana anti-abortion law, in a 5-4 vote with Chief Justice Roberts siding with the four liberal Justices. The law in question requires a doctor performing abortion to have admitting privileges at a nearby hospital, which critics alleged would result in only a single abortion doctor in the entire state.

This is only a stay pending appeal, not an ultimate disposition of the case.

Order

The Order provides:

The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.

JUSTICE - THOMAS - JUSTICE - ALITO - JUSTICE

JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application.

Kavanaugh wrote a dissent which provided in part:

Circuit - Doctors - Privileges - Plaintiffs - Stay

Circuit determined that the four doctors likely could obtain admitting privileges. The plaintiffs seek a stay of the Fifth Circuit’s mandate. They argue that the Fifth Circuit’s factual prediction is inaccurate because, according to the plaintiffs, three of those four doctors will not be able to obtain admitting privileges. As I explain below, even without a stay, the...
(Excerpt) Read more at: Le·gal In·sur·rec·tion
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