Justice Kavanaugh’s FUNDAMENTAL Error: His Dissent In Louisiana, Last Night

There has been much coverage of Chief Justice Roberts’ vote (with the liberal wing — to reach the required five Justice majority), to uphold the stay on the would-be highly restrictive Louisiana anti-abortion rights law from taking effect while the case progresses through the courts.

I am certain that “law” is utterly indistinguishable from a Texas law the Supremes invalidated in 2016. So, if the legal doctrine of binding precedent is to mean anything, the Louisiana abomination will go down in flames. As it ought to.

I write briefly though to note for the record, how hard Kavanaugh is straining to get to a spot — any spot — to take up Roe v. Wade. So much so, that his “dissent” makes the astonishing error (almost certainly intentional). . . that any Louisiana law, as written — applies to only the current four doctors offering abortion services. Rightly the majority recognizes that this unconstitutional Louisiana measure will impact an entire class of future doctors, if allowed to take effect. So it has placed the law on hold — until it returns, on the merits to strike it — under the 2016 precedent. Here is Kavanaugh:

. . . .On the other hand, if the [four] doctors can obtain necessary admitting privileges during the 45-day transition period, then the doctors could continue performing abortions at the three clinics both during and after the 45-day transition period, as envisioned and predicted by the Fifth Circuit. And in that circumstance, the Louisiana law as applied would not impose an undue burden. . . .

So — Justice Kavanaugh, not joined by any other Justice in his dissent, by the way — believes a woman’s right to bodily integrity hinges solely on whether specific doctors may readily comply with a purported new law. It does not turn on rules of general applicability of that law. That frankly, is insane. I can guarantee that he will not express this view of a law purporting to add regulatory hurdles to (for example) people claiming environmental harm from dioxin spills into the water table of a community.

Off now — to enjoy the desert’s beauty. . . .

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