Three abortion clinics in Louisiana on Friday asked the Supreme Court to temporarily block an appeals court ruling that would force numerous clinics in the state to close their doors.
A federal court this week blocked a previous ruling that declared unconstitutional a 2014 Louisiana law that requires doctors who perform abortions at clinics to have admitting privileges to a nearby hospital. The stay on that ruling issued by the 5th U.S. Circuit Court of Appeals would force clinics to close while the ruling is appealed, leaving just two clinics operating in the state, according to the Times-Picayune.
The Center for Reproductive Rights, which represents some of the clinics involved in the case, submitted a request for an emergency stay with the Supreme Court on Friday, according to Politico.
“All but two doctors in the state have been forced to stop providing abortions and turn away women with scheduled appointments, and one of those will shortly be forced to cease, absent relief from this Court. Louisiana will then be left with only one physician providing abortions,” the group’s lawyers wrote in the request, according to Politico.
Is Scalia allowed to weigh in on this? Isn’t there a precedent for allowing a dead jurist to cast a vote when important cases come before the court within one year of the jurist’s death?
I think you have the timeline wrong… I think he’s allowed to vote until his vacancy is actually filled…
better check with Pinhead Mitch and Mr SnodGrassley…
Anybody here who knows how this may go now that Scalia is pushing up daisies? Really, there must be someone here familiar with recent past SC voting records on this topic as other states have attempted, some successful and some not, to pull the same stunts.
Goes badly against the forced-birthers. They wanted this case, thinking that Scalia could sway Kennedy. Scalia out of the mix, 4-3 decision against LA at the worst, 5-3 if Roberts is thinking of his legacy. Many of the cases in this and other matters were rocket-docketed, thinking that Scalia would work his hoodoo. Dow Chemical just settled a case knowing the outcome, sans Scalia
http://www.bloomberg.com/news/articles/2016-02-26/dow-cites-scalia-s-death-in-settling-urethanes-case-for-835m
I’m curious to know what happens if another circuit rules in opposition to the 5th circuit, thereby forcing the Supreme Court to adjudicate the case. If the Supreme Court ends with a 4-4 tie, then what?