June Medical Services L. L. C.v.Russo
Louisiana required abortion providers to obtain active admitting privileges at a nearby hospital. Abortion clinics and physicians challenged the law before it took effect, arguing that the requirement imposed an undue burden on patients’ access to abortion. The Supreme Court of the United States reversed the Fifth Circuit. A four-Justice plurality held that the providers had standing and that the law created a substantial obstacle for a large fraction of the relevant patients while providing no significant health benefit. The plurality applied the balancing approach required by the Court’s abortion precedents and found the Louisiana law nearly identical to the Texas law invalidated in Whole Woman’s Health. The Chief Justice agreed that the providers had standing and that stare decisis required the same result because the laws imposed materially equivalent burdens. The Court therefore held Act 620 unconstitutional and restored the district court’s judgment against enforcement. Multiple justices dissented, principally disputing standing, factual findings, and the proper constitutional analysis.
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