WASHINGTON -- A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic.
A had previously pending a full review of the case.
An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a
If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign.
The case presents a swirling mix of the changed courts views on abortion rights and its respect for earlier high court decisions.
Louisianas law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided few, if any, health benefits for women.
Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the states three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.
But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.
In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal.
In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the courts four liberal justices to temporarily block the Louisiana measure.
For Roberts, it was a rare vote against an abortion restriction in more than 13 years as chief justice, perhaps a reflection of his new role since Kennedys retirement as the courts swing justice and his concern about the court being perceived as a partisan institution.
Gorsuch and Kavanaugh, along with Justices Samuel Alito and Clarence Thomas, would have allowed Louisiana to begin enforcing the clinic regulations.
The Hope Medical Group clinic in Shreveport, Louisiana, and two doctors whose identities are not revealed said in their appeal that the justices should strike down the law without even holding arguments because the decision so clearly conflicts with the Texas ruling from 2016.
But the Supreme Court typically wont consider a summary reversal of a lower court ruling unless at least six justices are on board. A decision about whether to hear the case should come before the court completes its current term in June. Arguments probably wouldnt take place before late in the fall.
The case is .