Loading...

Supreme Court Rejects Bid to Restore Alabama Abortion Law

June 28, 2019 by Dan McCue
Statue outside the U.S. Supreme Court building in Washington, D.C. (Photo by Dan McCue)

WASHINGTON – The U.S. Supreme Court will not revive Alabama’s ban on second-trimester abortions, the justices announcing Friday they are content to have lower court orders blocking the law to remain in place.

Though Alabama’s Attorney General Steve Marshall regularly calls the procedure a “dismemberment abortion,” courts have consistently blocked similar bans in Arkansas, Kansas, Louisiana, Oklahoma and Texas.

In October 2017, U.S. District Judge Myron Thompson found that the Alabama law would amount to a virtual ban on abortion in the state after 15 weeks of pregnancy.

At the same time, he also struck down an Alabama law that would have prohibited the state from licensing or renewing the license of an abortion clinic within 2,000 feet of a K-8 public school.

“Because these laws clearly impose an impermissible burden on a woman’s ability to choose an abortion, they cannot stand,” Thompson wrote at time.

The 11th U.S. Circuit Court of Appeals affirmed Thompson’s ruling blocking the abortion law, but two of the three judges on the panel said they voted to affirm only because they are bound by past Supreme Court decisions in support of abortion rights.

One of those judges, Chief Judge Ed Carnes, wrote, “in our judicial system, there is only one Supreme Court, and we are not it.”

As is their custom, the justices did not explain their rationale for rejecting the case, but Justice Clarence Thomas expressed his displeasure in a concurring opinion.

“This case serves as a stark reminder that our abortion jurisprudence has spiraled out of control,” he wrote.

“The notion that anything in the Constitution prevents States from passing laws prohibiting the dismembering of a living child is implausible,” Thomas said. “But under the ‘undue burden’ standard adopted by this Court, a restriction on abortion—even one limited to prohibiting gruesome methods—is unconstitutional if “the ‘purpose or effect’ of the provision ‘is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.’”

Thomas concluded: “Although this case does not present the opportunity to address our demonstrably erroneous ‘undue burden’ standard, we cannot continue blinking [at] the reality of what this Court has wrought.”

The case is Scott Harris, et al., v. West Alabama Women’s Center, et. al. No. 18-837.

A+
a-

Civil Rights

November 24, 2021
by Dan McCue
Study Finds Significant Bipartisan Support for Corporate Social Responsibility

WASHINGTON — A new, groundbreaking study suggests not only is there strong bipartisan support for corporate efforts to address environmental,... Read More

WASHINGTON — A new, groundbreaking study suggests not only is there strong bipartisan support for corporate efforts to address environmental, social and governance challenges, but that the bipartisan appeal of these initiatives dramatically increases among Americans under the age of 45. The study, “Unlocking the Bipartisan... Read More

November 23, 2021
by Dan McCue
House and Senate Democrats Seek to Protect Access to Birth Control Act

WASHINGTON — More than 100 Democrats in the House and Senate are urging their colleagues to help them guarantee a... Read More

WASHINGTON — More than 100 Democrats in the House and Senate are urging their colleagues to help them guarantee a woman’s timely access to birth control at her local pharmacy. The legislation, the Access to Birth Control Act, was reintroduced in the Senate Tuesday by Sens.... Read More

November 9, 2021
by Dan McCue
Justices Seem Inclined to Send Surveillance Case Back to Lower Court

WASHINGTON — A majority of Supreme Court justices appeared ready on Monday to send a controversial government surveillance case back... Read More

WASHINGTON — A majority of Supreme Court justices appeared ready on Monday to send a controversial government surveillance case back to a lower court for further proceedings, despite the White House’s contention such a move could harm national security. The case, Federal Bureau of Investigation v.... Read More

November 5, 2021
by Dan McCue
Justice Dept. Sues Texas Over Voting Restrictions

WASHINGTON — The Justice Department sued the state of Texas on Thursday, arguing a new voting law signed by Gov.... Read More

WASHINGTON — The Justice Department sued the state of Texas on Thursday, arguing a new voting law signed by Gov. Greg Abbott in September disenfranchises the old, disabled and citizens who do not speak English. The complaint, which was filed in the federal court in San... Read More

November 3, 2021
by Dan McCue
Justices Sound Ready to Strike Down New York Gun Law

WASHINGTON — A New York law that strictly limits the circumstances under which gun owners can carry their weapons outside... Read More

WASHINGTON — A New York law that strictly limits the circumstances under which gun owners can carry their weapons outside their homes seems unlikely to survive the scrutiny it received from the Supreme Court on Wednesday. But the justices also seemed to be looking for a... Read More

November 3, 2021
by Alexa Hornbeck
Ohio Bill Aims to Stop Gender Transition Procedures for Those Under 18

COLUMBUS, Ohio — Members of the Ohio House have introduced a bill which would ban transgender kids under 18 from... Read More

COLUMBUS, Ohio — Members of the Ohio House have introduced a bill which would ban transgender kids under 18 from receiving gender transition treatments, even with parental consent.  “Studies consistently demonstrate that the vast majority of children who are gender non-conforming or experience distress at identifying... Read More

News From The Well
Exit mobile version