The Denver Post

Late abortion ruling gets cautious reaction

- By David Crary

WASHINGTON» Activists on both sides of the abortion debate are reacting cautiously to a 5-4 Supreme Court vote blocking Louisiana from enforcing new abortion regulation­s. They agree that the crucial tests of the court’s stance are still to come.

Depending on the viewpoint, the vote represente­d a temporary victory or setback — but not proof as to how the court might deal with a slew of tough anti-abortion laws working their way through state legislatur­es and federal courts.

“We’re elated — but not in the sense of uncorking the champagne,” said Center for Reproducti­ve Rights attorney Travis Tu, who has helped lead the fight against the Louisiana law. “We’re elated in the sense of we just dodged a bullet.”

NARAL Pro-Choice America president Ilyse Hogue, while relieved by the court’s vote, said it “illustrate­s a sobering reminder: The thread that women’s rights hang by is dangerousl­y thin.”

The law in question would require Louisiana abortion providers to have admitting privileges at nearby hospitals. Chief Justice John Roberts joined the Supreme Court’s four liberals Thursday in putting the law on hold pending a full review of the case.

President Donald Trump’s two appointees, Neil Gorsuch and Brett Kavanaugh, were among the four conservati­ve justices who would have let the law take effect.

Activists on opposing sides voiced hope that the case will eventually return to the Supreme Court for a definitive ruling on the substance of the law.

“We will continue to do all that we legally can to protect Louisiana women and the unborn,” said Louisiana Attorney General Jeff Landry.

Benjamin Clapper of Louisiana Right to Life said he was not concerned by Roberts’ break with the other conservati­ve justices, suggesting the chief justice might eventually vote to let the law take effect.

“We don’t see last night’s decision necessaril­y as a setback,” Clapper said. “It sets the stage for a full review that could go either way.”

Beyond the Louisiana law — which resembles a Texas law struck down by the Supreme Court in 2016 — many other anti-abortion measures are being litigated in the courts or being considered in this year’s legislativ­e sessions. Many were designed to present a direct challenge to Roe v Wade, the 1973 Supreme Court ruling that establishe­d a nationwide right to abortion.

In at least six states — Florida, Kentucky, Mississipp­i, Ohio, South Carolina and Tennessee — efforts are underway to enact bills to outlaw abortions after a fetal heartbeat is detected, as early as six weeks into a pregnancy.

Asked if the Supreme Court vote would have an impact on the “heartbeat” bill debate in Ohio, antiaborti­on activist Janet Porter said, “None whatsoever.”

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