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Supreme Court May Annul Abortion Rights in Louisiana Case

 


WASHINGTON A long-running argument before the Supreme Court on Wednesday could go a long way to reversing the right to abortion in the United States. It remains to be seen whether they will return in four years or 47 years.

In 2016, the high court-imposed restrictions on Texas clinics and doctors as an undue burden on women. The ruling helped abortion rights advocates to push back similar laws in other states.

An almost identical law in neighboring Louisiana is in court, and the prognosis for opponents of abortion has improved considerably. State officials argue that the facts on the ground as well as the legal issues call for a different outcome.

There is another reason: "This is a different court," says Steven Aden, legal director at Americans United for Life, who has been fighting for abortion restrictions for nearly five decades.

This is the court that three Republican presidents have built, the last being Donald Trump. His most recent associate judge, Brett Kavanaugh, replaced Anthony Kennedy, who provided the deciding vote in the Texas case that looked like a landmark in 2016. Not so much now.

Anti-abortion forces launched a frontal attack on the precedents of the Supreme Court, starting with the 2016 decision and dating back to Roe v. Wade in 1973, which legalized abortion nationwide.

Anti-abortion protesters, as well as abortion rights advocates, will be outside the Supreme Court on March 4 when judges hear what may be a historic Louisiana case.

Even though the country's abortion rate has dropped to its lowest level since Roe's decision, the rapid enactment of state laws imposing restrictions promises to generate more lawsuits at the top of the supreme court. Disputes focus on the timing and type of abortions, regulations on clinics and doctors, requirements for patients, even gender, race or disability of the fetus.

"The Supreme Court could really start to derogate abortion rights," said Elizabeth Nash, head of state affairs at the Guttmacher Institute, a think tank on productive rights.

This would result in a trend towards closure of abortion clinics, which has reduced the number of independent clinics by a third over the past eight years, from 510 in 2012 to 344 last year, according to the Abortion Care Network. Five states in Mississippi, Missouri, North Dakota, South Dakota and West Virginia each have a clinic.

Louisiana, which leads the country with 89 abortion restrictions adopted since 1973, still has three clinics, in New Orleans, Baton Rouge and Shreveport. A judge of a federal district court has determined that the impugned law, which states that abortion providers must admit privileges in nearby hospitals, could force two people to close their doors.

KathaleenPittman, longtime administrator of the Hope Medical Group for Women in Shreveport, said: "Roe becomes meaningless if she does not have access to abortion."

"Two different Americas"

Protesters on both sides of the issue gathered in the Supreme Court in 2016, when judges heard a major Texas case on abortion restrictions. An almost identical case from Louisiana is pending.

Access depends on where you live. This is the concern of abortion rights advocates in the South and the Midwest.

Twenty-five states dominate the books of law with respect to "TRAP laws," or targeted restrictions on abortion providers. Legal challenges are pending in many of them, including Alabama, Arkansas, Kansas, Kentucky, Louisiana, Mississippi, Oklahoma, Tennessee, Texas and Wisconsin.

Last year, states adopted 58 restrictions and 36 measures to make abortion more accessible, reported the Guttmacher Institute. While most "red" states have sought to block abortions after a certain number of weeks and to impose limits on patients and providers, "blue" states have gone the other way.

Last week, Virginia repealed decades-old restrictions, including 24-hour waiting periods and mandatory ultrasound tests. The Trump administration is fighting California for its requirement that most health plans cover abortion services. New York, Illinois, Washington, Oregon and Maine have similar laws.

"What is emerging here is what I think are two different Americas," said Amy Hagstrom Miller, founder and CEO of Whole Woman & # 39; s Health, which operates seven clinics in five states and has been the complainant winner in the Texas case.

In this case, the court ruled 5-3 that a law requiring doctors to have hospital admission privileges and that clinics meet the standards of surgical centers imposed difficulties on women without being used for medical purposes.

When the law was enacted, only six of the 44 state abortion clinics met the new requirements. An Acourt injunction allowed about 20 people to stay open, but even after the High Court victory, most of those who closed have never reopened.

The Supreme Court decision in this case has made it more difficult for other states to impose restrictions without providing medical or scientific evidence. The judges extended the court's reasoning to other restrictions, such as limits on voting rights.

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