The US supreme court made abortion legal in the landmark 1973 case Roe v Wade.
But more than half a century later, reproductive rights are at the heart of America’s culture wars, and the right to terminate a pregnancy is under threat.
Now, the supreme court is again looking at the issue, hearing a case against a Louisiana law which women’s rights advocates believe seriously threatens the right to abortion.
What is the Louisiana law?
The case from Louisiana is called June Medical Services v Russo. It centers around a state law which requires doctors who perform abortions to have “admitting privileges” at a local hospital. Admitting privileges are usually granted to a hospital’s staff doctors, and allow them to admit a patient for treatment.
Abortion rights advocates argue this is an attempt to place an insurmountable barrier in the way of abortion clinics seeking to lawfully operate, and that such requirements will ultimately shut them down. Many hospitals are wary of links to abortion doctors. In other cases, abortion clinics may be located too far from hospitals to comply with the law.
The supreme court heard a nearly identical case from Texas in 2016, called Whole Woman’s Health v Hellerstedt. The court found that laws requiring admitting privileges do not confer medical benefits to women, and that they place a “substantial obstacle” for women who seek abortions.
Could the court overturn Roe v Wade?
Yes, although it is unlikely to do so outright. However, even if abortion remains legal, such requirements as called for in the Louisiana law could lead to the closure of many clinics in states where such laws exist. Louisiana, for example, could be left with just one clinic.
The court’s choice to hear this case at all is already incredibly rare. The supreme court hardly ever hears cases similar to recent rulings, and this Louisiana law is almost identical to a law overturned just three years ago.
What’s the significance of the supreme court under Trump?
President Trump appointed two socially conservative jurists to the court: Justices Neil Gorsuch and Brett Kavanaugh. Importantly, Kavanaugh replaced a justice who was known as a “swing vote”, and supportive of Roe v Wade. This case is the first test of the court on abortion with its new, more conservative make-up. This means anti-abortion groups could get a more sympathetic hearing.
Are abortion rights unpopular in America?
No. Polls consistently show a majority of Americans support the right to an abortion.
So who is pushing this?
The anti-abortion movement in America is organized, motivated and well funded. It has also been emboldened by the rhetoric of Donald Trump, who sees white evangelical Christians as a core part of his base.
The anti-abortion movement often passes multiple, similar laws that push constitutional boundaries, in an effort to provoke favorable decisions from federal courts.
If Roe v Wade is overturned as many as 22 states stand ready to ban abortion.
