WASHINGTON – On news that the U.S. Supreme Court issued its decision in June Medical Services L.L.C. v. Russo, with Chief Justice Roberts, as the fifth vote, ruling that stare decisis commanded that the Louisiana anti-abortion access law had to be overruled, CAC President Elizabeth Wydra issued the following statement:

Today’s ruling, while incredibly important, should not be surprising. In fact, this case should have been one of the easiest for the Court to dispose of this term. 

Just four years ago, the Court struck down a state statute virtually identical to the one at issue in this case, which unlawfully made it harder to access abortion clinics. The only thing that’s changed since that time is Justice Kavanaugh has replaced Justice Kennedy. Lower court judges in this case effectively ignored the Court’s ruling from just a few years ago, and it’s a shame that four other conservative Justices were willing to allow such brazen disregard of that earlier Supreme Court opinion.  

This was really just “Supreme Court 101” for all nine of the justices, but only five of them were prepared to show fidelity to law and precedent instead of politics, and not only strike down this Louisiana statute, but also send a message to lower courts to avoid pulling a stunt like this again.

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Resources:

CAC brief in June Medical Services L.L.C. v. Russo: https://www.theusconstitution.org/litigation/june-medical-services-l-l-c-v-gee/ 

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Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

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