Monday, June 29, 2020
Today the US Supreme Court decided June Medical Services v. Russo striking down Louisiana's anti-abortion admitting privileges law.
The majority opinion by Justice Breyer reaffirms the legal standard of Whole Women's Health. It is a process-heavy decision about third-party standing and a painfully detailed discussion of the district court findings.
Chief Justice Roberts joins the liberal justices in the majority on grounds of stare decisis. This was essentially the same case as Whole Women's Health v. Hellerstadt (2016). He also rejects the cost-benefit balancing test of Whole Women's Health, leaving only a plurality of the Court endorsing that standard and returning to the core undue burden standard of Casey.
There are multiple dissenting opinions by the remaining four justices. Much of the debate devolves into a tangential discussion about deference to district court findings and as applied challenges.
No woman justice wrote any opinion. Every male justice wrote an opinion expressing his views.