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Fifth Circuit Upheld an Anti-Abortion Louisiana Law, Despite SCOTUS Precedent

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The Center for Reproductive Rights has filed an emergency appeal to the Supreme Court, after the Fifth Circuit upheld the law despite Supreme Court precedent, to prevent an extremely restrictive anti-abortion Louisiana law requiring abortion providers to have admitting privileges from going into effect on Feb. 4th; the law would leave only one abortion doctor in the entire state, drastically decreasing access to abortion and reproductive healthcare in Louisiana. The Fifth Circuit denied requests from the Center for Reproductive Rights for a rehearing and requests to stay the law while the case is appealed to the Supreme Court; however, this case gives an opportunity for the conservative-majority Supreme Court to re-shape abortion rights after Justice Kennedy’s retirement. The Fifth Circuit has chosen to uphold Louisiana’s law, ignoring Supreme Court precedent that admitting privileges are unconstitutional obstacles to prevent abortion care as ruled in Whole Women’s Health v Hellerstedt. A Mississippi law, similar to the Louisiana law in question was struck down by the Fifth Circuit. However, this ruling on the Louisiana law effectively disregards past Supreme Court precedent and past Fifth Circuit precedent. Reproductive rights organizations and advocates fear that the Supreme Court, especially without Justice Kennedy that provided the […]

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