(WWL.com)
The US Supreme Court is expected this week to consider whether Louisiana can enforce a state law requiring abortion doctors to have admitting privileges at a local hospital. Loyola University Law Professor Dane Ciolino says a ruling in favor could signal a major shift in the court’s views on abortion related issues.
“Supreme Court watchers are very interested in this case because it will signal whether or not the court has any interest in disturbing what is now binding precedent.”
Supporters of the law say it’s a necessary requirement for a healthcare facility, and opponents argue it’s an onerous burden that will shut down clinics.
The law, brought by Monroe Representative Katrina Jackson, was passed in 2014, but the Supreme Court’s rejection of a similar law in Texas three years ago and put the Louisiana effort on ice until the 5th Circuit Court of Appeals revived the regulation last month. Ciolino says the court will be determining just how similar the Louisiana law is to Texas’s.
“The courts have to look at the different states laws independently. Of course ruling in earlier decisions are going to have a precedential effect.
The law was set to go into effect today, but has been put on hold until at least Thursday while the court considers an appeal from Louisiana abortion providers.
Abortion restrictions have not fared well at the Supreme Court in recent decades, but Ciolino says the introduction of two new conservative Justices could tip the scales and lessen the influence of Supreme Court precedent.
“Given the changes to the court with Justices Gorsuch and Kavanaugh now being members of what is a conservative majority, anything is possible.”