July 3, 2020 By Marc A. Scaringi
On June 29, 2020, United States Chief Justice John G. Roberts let down constitutional conservatives once again -- this time on abortion. In June Medical Services, LLC et al v. Russo, Roberts cast the tiebreaking vote striking down a Louisiana law requiring abortion doctors to obtain admitting privileges at a local hospital in order to protect women’s health.
What made Roberts’ vote even more disappointing is that he voted the opposite way a few years ago in a nearly identical case in which the Court struck down a similar Texas abortion law on the same grounds. To be fair, Roberts dissented in that case mainly because of the doctrine of res judicata -- the claims brought by the Texas abortion providers had already been heard and dismissed in a prior case, and thus should not have been raised again.
However, in that case, Roberts explained that he would have allowed the Texas law to stand in those geographical areas in which it was easy for abortion doctors to obtain admitting privileges. But, in the Louisiana case, Roberts shut the door on these laws entirely. Why?........To Read More.....
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