(June 29, 2020 SCOTUS Opinion).
(January 18, 2019 USCA5 Order Denying Rehearing En Banc).
(September 26, 2018 USCA5 Panel Opinion).
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
BREYER, J., announced the judgment of the Court and delivered an opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. ROBERTS, C. J., filed an opinion concurring in the judgment. THOMAS, J., filed a dissenting opinion. ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined, in which THOMAS, J., joined in part, and in which KAVANAUGH, J., joined, in part. GORSUCH, J., and KAVANAUGH, J., filed dissenting opinions.
REVERSED. (June 29, 2020).
In a 5-4 opinion, a plurality of the Supreme Court, led by Justice BREYER, declares Louisiana’s Unsafe Abortion Act unconstitutional. The Louisiana law required doctors performing abortions to have admitting privileges at a nearby hospital. Justice BREYER is joined fully by Justices GINSBURG, SOTOMAYOR, and KAGAN. Chief Justice ROBERTS concurs in the judgment, believing stare decisis compels this result in light of the Court’s decision in Whole Woman’s Health v. Hellerstedt, 579 U. S. ___ (2016). Recalling that the legal doctrine of stare decisis requires, absent special circumstances, that alike cases receive like treatment, the Chief Justice emphasizes that the Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Justice THOMAS files a dissenting opinion. Justice ALITO files a dissenting opinion, in which Justice GORSUCH joins, and Justices THOMAS and KAVANAUGH join, in part. Justice GORSUCH files a dissenting opinion, as does Justice KAVANAUGH.
On Appeal from the United States District Court for the Middle District of Louisiana (John W. deGravelles).