United states : the supreme Court invalidates a restrictive law on abortion

États-Unis : la Cour suprême invalide une loi restrictive sur l’avortement

WASHINGTON | The supreme Court of the United States struck down on Monday a law of Louisiana is very restrictive on abortion, which has the value of test to the high court substantially re-written by Donald Trump.

The text, adopted in 2014 aimed at requiring doctors performing abortions to obtain an authorisation to practise in a hospital located less than 50 kilometres from the place of the intervention. This was to protect the women in case of complications and to ensure ” continuity of care “, had pleaded its promoters.

But for the defenders of the right of women to terminate their pregnancies, the law would have resulted in the closure of two of the three institutions performing abortions in Louisiana.

Beyond the local issue, the folder was seen as a barometer of the determination of the supreme Court to maintain its landmark decision of 1973, Roe V. Wade, which recognized the right of the U.s. to have an abortion.

The law of Louisiana was in effect almost similar to a text of the Texas, as the temple of the law was invalidated in 2016, judging it to be too restrictive.

“We reviewed the records of almost” and the two “are comparable in all respects and require the same result. Accordingly, we believe that the law in Louisiana is unconstitutional”, ruled the Court, by a short majority (five judges out of nine).

The head of the Court, John Roberts, a moderate conservative, has added his voice to his four fellow progressives in the name of respect of the “res judicata”.

It was, however, upheld the law in Texas by 2016. “I continue to think that it was a bad decision,” he wrote in an opinion attached to the decision. The question, however, is not whether the Court was “right or wrong” in 2016, but “whether its judgment binds us in this case”, he continued, in stating that yes.

“We are relieved that the law of Louisiana has been blocked”, immediately commented on the president of the Center for reproductive rights, Nancy Northup, who represented the clinics in the State. But for her, the fight is not over yet as many States continue to adopt restrictive laws.

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