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Chief Justice John Roberts is a conservative appointed by President George W. Bush in 2005. When Justice Anthony Kennedy retired late last year, the question was who would fill in his role as the swing vote. Now we have the answer to that question.
Chief Justice Roberts sided with the high court’s four liberals on a restrictive Louisiana abortion law while Justice Brett Kavanaugh dissented.
The Louisiana law would have required doctors that perform abortions to be admitted into local hospitals within thirty miles of their clinic. If the law was approved, only one doctor located in the city of New Orleans would have qualified.
Brett Kavanaugh sided with the conservatives — Clarence Thomas, Samuel Alito, and Neil Gorsuch.
Kavanaugh filed a dissent on his own, and his legal reasoning was he would have allowed the law to take effect in order to see whether it would impose a burden on women’s access to abortions in the state.
Once again, reread three paragraphs above. Only one doctor in the state would be allowed to perform abortions. Obviously, that would create a burden.
The merits of the case was not decided, but the court may strike it down as unconstitutional as it is similar to a 2016 Texas case in Whole Woman’s Health versus Hellerstedt.
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