Reproductive Rights Face New Supreme Court Test: An Update

CARLY KABOT: On Friday, October 4, 2019, the court agreed to hear June Medical Services v. Gee, the first major abortion case on the docket since Trump’s appointees joined the bench. The case involves a challenge to a Louisiana law that would severely limit access to abortion services by requiring abortion providers to acquire admitting privileges at local hospitals. A ruling in favor of Gee, the Secretary of the Louisiana Department of Health, will have an immense impact on not only the women of Louisiana, but also on the future of safe and legal abortions in America.

On November 26, 2019, the Supreme Court announced it would hear oral arguments for June Medical Services v Gee on March 4, 2020.

Interest groups across the nation understand the potential of this case to overrule important precedents and undermine years of progress for women’s rights. Nearly 30 amicus briefs have already been filed, representing over 200 organizations and 700 individuals. While many of these amicus briefs came from prominent pro-abortion rights advocates, such as Planned Parenthood and the ACLU, there is notable diversity in those speaking out to uphold the fundamental freedom to choose.

These interest groups argue that a woman’s decision to have an abortion is personal, not political. The number of amicus briefs filed by non-partisan organizations, ranging from the American Bar Association to the American College of Obstetricians and Gynecologists, is a testament to ensuring that years of fighting for greater gender equality was not in vain. Even religious groups representing Christians, Muslims, and Jews have filed amicus briefs, claiming that "religious traditions recognize women's moral right to decide whether to terminate a pregnancy." 

An amicus brief was filed last Monday by partners at top-10 law firms, counsel to Fortune 100 companies, public defenders, prosecutors, retired judges, award-winning professors and current law students–– 368 signers in total. With five male justices on the bench, much of this amicus brief is aimed at helping the court understand why a woman would want to terminate a pregnancy. Their stories touch upon abusive relationships, fetal and maternal conditions, teenage parenthood, and more. While some of the stories are gruesome, bleak, and harrowing, they are compelling examples of the life-threatening hardships women have been subjected to as the result of decisions overwhelmingly enacted by males. They argue that abortion rights are as much about health as they are about dignity and respect. By offering over two dozen unique stories, their hope is to demonstrate that restricting what is viewed as a basic right would be inhumane, ineffective, and against the best interest of the American people.

The Center for Reproductive Rights, representing June Medical Services, filed its opening brief over a week ago. Louisiana's opening brief is expected on December 6.

The nation awaits Louisiana's response to the unconstitutionality of Act 620

Read the amicus briefs here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-1323.html

Carly Kabot is a freshman in the School of Foreign Service from Westchester, New York. She is an aspiring political journalist.