'Use This Case to Overturn Roe v. Wade': Supreme Court to Hear Louisiana Case, Tackle Abortion for First Time in 3 Years
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- The start of theSupreme Court's new term
is just three days away and we're learning
about some major developmentson the abortion front.
The Supreme Court has agreed to hear
an abortion case regarding a Louisiana law
that could leave the state with one doctor
and a single clinic to provide abortions.
This is the only caseconcerning abortion this term.
Paul Strand joins usnow from our DC bureau
to weigh in on the announcement.
Paul, why is this case so important?
- Well, Mark, this is,so far it's the only case
this year about abortionand it's the first one
in three years, which waswhen Justice Anthony Kennedy
was still on the Court,and he would usually rule
with the four liberalswho would always vote
for the abortion side on these things,
not always, but usually.
So, it's a new day and it'sa new setup for the Court.
- The Court has alreadystruck down a Texas law
that was a twin of this Louisiana law.
Why would the ruling comeout any different now?
- Okay, what this is about is it's whether
they're forcing doctors in Louisiana
to have hospital, access to the hospital,
to be sort like, they'vegot privileges there
at the hospital andthey could admit a woman
from the abortion clinic.
If an accident happened they could go
to the hospital with herand they could work on her.
And, the pro-choice side issaying that's too restrictive.
The pro-life side issaying actually that well,
it's good to know that a doctor has
these admitting privileges'cause that means
he's been checked out by the hospital.
That means he's not grossly incompetent
or has something horrible in his record.
So, they're saying it'll help save women.
The other side says thatoften women don't need
to go to a hospital anyway.
They get their abortionand they're outta there.
So, that's sorta thetwo sides on the issue.
- Let's talk a little bit more about that.
Some say this is toorestrictive and will hurt
women's easy access to abortion.
What is the argument for why it's needed?
You talked about makingsure that the people
that are doing the proceduresare not grossly incompetent.
Can you elaborate a little bit more
about on the argument asfar as this side saying
that this law is needed?
- Yeah, it sorta goesdown to the whole idea
of whether there shouldbe any sort of rules,
rather than just what the abortion clinics
themselves have and in thiscase, you take hospitals
that are around the abortionclinic and they actually have
to check this guy out.
They have to say, has hedone anything suspicious?
Does he have a record, et cetera?
In other words, he gets checked out.
If you've got a guy like a Kermit Gosnell
up in Philadelphia, theone who was snipping
baby's spinal cords, he justwasn't checked out by people.
People didn't know what he was up to.
So, this way they get aneye on it and it represents
the side that says, all these restrictions
that we're trying toput on abortion clinics
is basically for the safetyof women and to protect them.
This way, like I said,if something goes wrong
and this doctor gets admittedto all the local hospitals,
that means any of those local hospitals,
she gets in trouble, hecan get her right in there
and he, who knows exactlywhat's happened to her,
he's the one who can work on her.
- Many pro-life advocates,Paul, are hoping
the court might end upreversing Roe v. Wade
because of this case.
What do you think the odds are of that?
- Well, that's sort of interesting.
Like I said, Kennedy is gone now.
That's the main difference,and he would usually vote
with the pro-abortion side.
Now we have Gorsuch and Kavanaugh,and people tend to think
that they're on the pro-life side.
The thing is, we don't really know.
We haven't had a chanceto see what happens
with these decisions.
Also, John Roberts,the Chief Justice, he's
sort of a wild card.
He is the one before this,they put this Louisiana law
on a stay and he's the one whovoted with the liberal side
to do that.
So, we have, we have these wild cards,
Kavanaugh and the Chief Justice himself,
so we have to see.
But, a lot of people right now are saying,
this is the first time that it looks like
a five to four majorityfor the pro-life side.
So, that's why folks arehopeful that this could be used
to overturn Roe v. Wadebecause they're saying
well, you're getting in thereand you're messing around
with abortion anyway,why not go all the way
and put severe restrictions on it?
So, those are the, that'sthe argument for it.
- All right Paul Strand,thank you for your analysis.
We appreciate it.