The court ordinarily sticks by its previous decisions. But the conservative justices have recently deviated from that principle in several cases
THE CONSTITUTIONAL right to abortion, Donald Trump promised a few weeks before the 2016 election, would “automatically” disappear during his presidency. “I’m putting pro-life justices on the court,” he said, tantalising evangelicals and other anti-abortion voters.
These purported benefits are mere pretext, opponents say, and pale next to the burdens it places on Louisianans seeking abortion. June Medical contends that legislators’ true motivation was to limit access to abortion by making it more difficult for providers to stay open.
That emphatic rejection of the law was reversed on appeal in 2018. Although the text of Louisiana’s law was identical to that of Texas, judges ruled that its impact on abortion access would be “dramatically less”. Fewer clinics would close, women would not need to drive longer distances to reach a provider and “at most, only 30% of women” would be burdened by the rule. Though “not huge”, the benefit of the law in screening abortion doctors would be sufficient to outweigh the drawbacks.
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