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A2   UP FRONT
                    Thursday 5 March 2020
            Continued from front         who have shifted the court
            The  justices  are  weighing  to the right. Even with those
            a  Louisiana  law  requiring  two additions to the court,
            doctors who perform abor-    Roberts  almost  certainly
            tions  to  have  admitting  holds the deciding vote.
            privileges at a nearby hos-  When  the  justices  tempo-
            pital. A federal judge found  rarily blocked the Louisiana
            that  just  one  of  Louisiana's  law  from  taking  effect  a
            three abortion clinics would  year  ago,  Roberts  joined
            remain open if the law is al-  the  court's  four  liberal  jus-
            lowed  to  take  effect.  The  tices to put it on hold. Ka-
            federal  appeals  court  in  vanaugh     and   Gorsuch
            New  Orleans,  though,  up-  were among the four con-
            held the law, setting up the  servatives who would have
            Supreme Court case.          allowed the law to take ef-
            Justice  Ruth  Bader  Gins-  fect.
            burg noted, as she had be-   Those preliminary votes do
            fore, that "among medical  not  bind  the  justices  when
            procedures,  first  trimester  they undertake a thorough
            abortion is among the saf-   review of an issue, but they
            est,  far  safer  than  child-  often signal how a case will
            birth."  The  abortion  clinic  come out.
            in  Shreveport  at  the  heart  In  more  than  14  years  as   Abortion rights demonstrators along with Anti-abortion demonstrators rally outside of the U.S. Su-
            of the case reported trans-  chief  justice,  Roberts  has   preme Court in Washington, Wednesday, March 4, 2020.
            ferring  just  four  patients  to  generally  voted  to  uphold                                                                 Associated Press
            a  hospital  out  of  roughly  abortion restrictions, includ-
            70,000  it  has  treated  over  ing  in  the  Texas  case  four  One  possible  outcome  is  though the trial court found  whether admitting privileg-
            23 years, Justice Elena Ka-  years ago.                   that Roberts and the other  that  doctors  failed  to  se-  es  laws  would  still  impose
            gan noted.                   It is for now unclear wheth-  conservative justices could  cure  admitting  privileges  an  ""undue  burden"  in  a
            Justice  Samuel  Alito  said  er  Roberts'  outlook  on  the  find  a  way  to  allow  Loui-  at  15  hospitals  over  an  state that made it easy for
            the clinic had once had its  Louisiana  case  has  been  siana  to  enforce  the  law,  18-month period.            abortion  providers  to  get
            license suspended, in 2010.   affected  by  his  new  role  without overruling the deci-  That result would be a de-  them.
            Perhaps  the  biggest  ques-  as the court's swing justice  sion from 2016 in which the  feat for abortion rights ad-  "Could  an  admitting  privi-
            tion is whether the court will  since Justice Anthony Ken-  court struck down a similar  vocates who have argued  leges  law  of  this  kind  ever
            overrule a 2016 decision in  nedy's  retirement,  his  con-  law  in  Texas.  One  avenue  that the laws are virtually in-  have  a  valid  purpose,  in
            which it struck down a simi-  cern  about  the  court  be-  raised  by  lawyers  for  the  distinguishable. But it would  your  view?"  Kavanaugh
            lar law in Texas. Since then,  ing perceived as a partisan  state  and  the  Trump  ad-  allow Roberts something of  asked  lawyer  Julie  Rikel-
            Donald Trump was elected  institution  and  his  respect  ministration is that the doc-  a middle ground between  man,      representing   the
            president  and  he  appoint-  for  a  prior  decision  of  the  tors didn't try hard enough  taking  a  big  step  to  limit  Shreveport clinic.
            ed  two  justices,  Neil  Gor-  court,  even  one  he  dis-  to  work  out  arrangements  abortion  access  and  reaf-  Rikelman replied: "No, Your
            such and Brett Kavanaugh,  agreed with.                   with  the  hospitals,  even  firming the court's abortion  Honor.  The  medical  con-
                                                                                                   rulings.                     sensus against these laws is
                                                                                                   Roberts  asked  the  same  clear."
                                                                                                   question, in slightly different  The  court  also  has  agreed
                                                                                                   form, to each of the three  to review whether abortion
                                                                                                   lawyers who argued before  providers have the right to
                                                                                                   the  court.  The  court  in  the  go  into  court  to  represent
                                                                                                   Texas case found there was  the  interests  of  women
                                                                                                   no  benefit  to  the  women  seeking  abortions.  A  ruling
                                                                                                   the  law  was  ostensibly  in-  in  favor  of  the  state's  ar-
                                                                                                   tended to help and struck  gument  that  the  providers
                                                                                                   it  down  as  an  "undue  bur-  lack the right to sue in these
                                                                                                   den"  on  women's  right  to  circumstances,  known  as
                                                                                                   an  abortion  in  violation  of  third-party standing, would
                                                                                                   the Constitution.            be  a  devastating  blow  to
                                                                                                   "I understand the idea that  abortion  rights  advocates
                                                                                                   the impact might be differ-  since  doctors  and  clinics,
                                                                                                   ent in different places, but  not individual women who
                                                                                                   as far as the benefits of the  want  abortions,  file  most
                                                                                                   law, that's going to be the  challenges  to  abortion  re-
                                                                                                   same  in  each  state,  isn't  strictions.
                                                                                                   it?" Roberts asked Louisiana  But  apart  from  Alito,  the
                                                                                                   Solicitor  General  Elizabeth  justices did not seem espe-
                                                                                                   Murrill.                     cially interested in resolving
                                                                                                   The  Louisiana  and  Texas  the  case  on  the  standing
                                                                                                   situations are not identical,  issue.
                                                                                                   Murrill  told  the  court.  "The  Outside  the  court,  protest-
                                                                                                   laws are different, the facts  ers  on  both  sides  filled  the
                                                                                                   are different, the regulato-  sidewalks just as they have
                                                                                                   ry  structures  are  different,"  for earlier high court cases
                                                                                                   Murrill said.                on abortion.
                                                                                                   Roberts'  inquiry  seemed  Inside,    Justice   Stephen
                                                                                                   to  dovetail  with  questions  Breyer  sought  to  capture
                                                                                                   from  Kavanaugh,  whose  searing debate over the is-
                                                                                                   interest  was  in  discerning  sue. q
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