Supreme Court conservatives seem open to upholding Louisiana abortion restrictions
The Supreme Court heard its first abortion case with President Trump’s two new conservative appointees on Wednesday, but the conservative justices sounded as though they might move cautiously rather than issue a broad ruling on the issue.
Even though the high court had struck down the similar Texas law as unconstitutional, the U.S. 5th Circuit Court of Appeals in New Orleans upheld the Louisiana law on the grounds that the admitting-privileges rule would have less effect in Louisiana. “The impact might be different in different places,” Roberts said, “but as far as the benefits of the law, that’s going to be the same in each state, isn’t it?”
Rikelman said a woman could be forced to drive 320 miles to New Orleans to see the same physician who could not see her in Shreveport. If the justices are closely split and uncertain how to rule, they could send the case back to Louisiana for a judge to take a closer look at the actual difficulties some doctors had in obtaining admitting privileges. Kavanaugh had proposed this approach last year when the appeal first arrived.
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