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Washington DC and The Holy Land>SCOTUS Strikes Down LA Abortion Ban
RodeoPants2 09:16 AM 06-29-2020
Remember when Susan Collins believed Kavanaugh when he said Roe was settled law?


Originally Posted by :
Chief Justice John G. Roberts Jr. joined the court’s liberals in striking down the law, saying it was required by the court’s decision overturning a Texas law in 2016.
“The legal doctrine of stare decisis requires us, absent special circumstances, to treat like cases alike,” Roberts wrote in concurring with the decision. “The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”
https://www.washingtonpost.com/polit...4c6_story.html
[Reply]
patteeu 02:31 PM 06-30-2020
Originally Posted by NinerDoug:
https://www.supremecourt.gov/opinion...-1323_c07d.pdf

Well, the State of Louisiana, like all states, I would imagine, requires physicians to be licensed.

Here, they've decided to single out abortion providers, and cede evaluation of their competency to hospitals at which they do not practice, and which will in all likelihood deny them privileges, because of the very fact that they perform abortions.

I suppose they could require all doctors performing abortions in Louisiana to have received their medical degrees from Harvard University, or if they wanted to be reasonable, from any Ivy League University.

That would almost certainly have the same rational purpose, raising the minimum level of competency over and above that which the state requires for every other area of medicine.

Seems fairly clear that everyone knows what is really going on here, including five Justices of the USSC.
If they think requiring Ivy League medical degrees benefits Louisianans, they should be able to require it.

One of those 5 Justices disagreed with ruling on the merits, but saved it with his stare decisis magic wand.
[Reply]
NinerDoug 02:45 PM 06-30-2020
Originally Posted by patteeu:
If they think requiring Ivy League medical degrees benefits Louisianans, they should be able to require it.

One of those 5 Justices disagreed with ruling on the merits, but saved it with his stare decisis magic wand.
No magic there.

It's a legal principal as old as the common law. It's really the basis of the common law.

If judges are going to interpret statutes, and the Constitution, it's important to respect the rule of law as set down in previous opinions. It's done all the time.

If he was sufficiently convinced of the erroneous nature of the prior opinion, he could, and would, depart from it. He's obviously not.
[Reply]
GloryDayz 02:49 PM 06-30-2020
As long as it's liberals killing the seed they would twist into being unAmerican fucks, good. If it's conservative Christians doing it, I hope they burn in hell (too).

I've already ruled on this.
[Reply]
patteeu 02:56 PM 06-30-2020
Originally Posted by NinerDoug:
No magic there.

It's a legal principal as old as the common law. It's really the basis of the common law.

If judges are going to interpret statutes, and the Constitution, it's important to respect the rule of law as set down in previous opinions. It's done all the time.

If he was sufficiently convinced of the erroneous nature of the prior opinion, he could, and would, depart from it. He's obviously not.
I understand what it is. I don’t understand Roberts’ application in this case. In any event, you were wrong to suggest that 5 Justices agree with you that LA had no rational basis for their law.
[Reply]
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