On Wednesday, the Supreme Court will hear oral arguments in a case that could loudly overturn Roe v. Wade—or, more likely and more insidiously, quietly render it an air-quoted technicality. It is the first abortion case to come before the conservative-majority court, stacked by Trump appointees Neil Gorsuch and Brett Kavanaugh, and reproductive rights activists fear it will open the floodgates to legal incursions meant to strategically and systematically erode the right to abortion in this country. The court’s ruling could enable a new era of anti-abortion activism that makes the incremental back-door assaults on Roe in past years seem tame and inefficient by comparison.\n
for the hospital requirement), anti-abortion activists render the procedure broadly inaccessible in a given state.This was previously acknowledged by the Supreme Court in a successful challenge to HB 2. In 2016, just four years ago, the court ruled in Whole Woman’s Health v. Hellerstedt that admittance privileges were medically unwarranted and created an “undue burden” on the right to abortion.
The June medical case is about whether states can restrict abortion to the point that it’s inaccessible, essentially rendering Roe v. Wade meaningless.It is possible for the court to use June Medical Services v. Russo as an opportunity to overthrow Roe outright, but the more likely outcome is that the Louisiana law will be upheld. If that happens, it would not only shutter all but one of the abortion clinics in Louisiana, but also pave the way for similar legislation in other states.
“At its heart, the June medical case is about whether states can restrict abortion to the point that it’s inaccessible, essentially rendering Roe v. Wade meaningless,” said Kelley Robinson, executive director of Planned Parenthood Action Fund, on a conference call Tuesday with reporters. “Though Louisianans will be the first people to feel the impact of this case, there’s no doubt that this case will have reverberations throughout this country.
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