The U.S. Supreme Court on Monday overturned a very restrictive Louisiana abortion law that had the value of a test for the high court, deeply revamped by Donald Trump.
Adopted in 2014, the text aimed to oblige doctors performing abortions to obtain a license to practice in a hospital located less than 50 kilometers from the place of the intervention. It was to protect women in case of complications and to ensure "continuity of care", had argued its promoters. But for defenders of the right of women to terminate their pregnancy, the law would have closed two of the three establishments performing abortions in Louisiana.
Determination of the Supreme Court to uphold Roe v. Wade
Beyond the local issue, the record was seen as a barometer of the Supreme Court's determination to uphold its historic 1973 ruling, Roe V. Wade, which recognized the right of Americans to have an abortion. Louisiana law was indeed almost similar to a Texas text, which the temple of law had invalidated in 2016, deeming it too restrictive.
"We have examined the files closely" and the two "are comparable in all respects and impose the same result. Consequently, we find that the law of Louisiana is unconstitutional", decided the Court by a small majority (five judges on nine). Chief Justice John Roberts, a moderate conservative, joined his four progressive colleagues in the name of respecting "res judicata".
"We are relieved that Louisiana law has been blocked"
John Roberts had supported Texas law in 2016, however. "I still think it was a bad decision," he wrote in an opinion attached to the decision. The question is not, however, whether the Court was "right or wrong" in 2016, but "whether our judgment is binding on us in the present case," he continued, holding that it was.
"We are relieved that Louisiana law has been blocked," immediately commented the chair of the Center for Reproductive Rights, Nancy Northup, who represented state clinics. But for her, the fight is not over since many states continue to adopt restrictive laws.