Op-Ed: Here's what Roberts' surprise Supreme Court vote means for abortion rights

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Op-Ed: Here's what Roberts' surprise Supreme Court vote means for abortion rights
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Op-Ed: Does Roberts' surprise Supreme Court vote today mean abortion rights are safe for the long haul? (via latimesopinion)

a Louisiana law restricting access to abortion provides the strongest indication in years that Roe vs. Wade

unconstitutional in Whole Women’s Health vs. Hellerstedt. The larger significance of this case is to be found in Chief Justice John Roberts casting the fifth vote to invalidate the law based on the importance of following precedent. The question up to now had been how the court would deal with these laws, and even whether it might overrule Roe vs. Wade, in light of its newest justices. In 1992, when the court reaffirmed Roe vs. Wade in Planned Parenthood vs. Casey, Justice Anthony Kennedy was the fifth vote for the majority to continue constitutional protection for abortion rights. Likewise, in 2016, Kennedy was the fifth vote to strike down the Texas law in Whole Women’s Health v. Hellerstedt.

But that is not what happened. Justice Stephen Breyer wrote an opinion joined by Justices Ginsburg, Sotomayor and Kagan explaining why the Louisiana law was an unconstitutional undue burden on a woman’s right to abortion. There is no evidence that a requirement for admitting privileges at hospitals in any way protects women’s health. Rarely do women receiving abortions need to be hospitalized. Even if they do, the doctors there will provide treatment.

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