The Supreme Court announced Friday it would take up an abortion case from Louisiana, setting the stage for a national fight over a contentious issue during a presidential election year.
It will be the first abortion case taken up by the Supreme Court since President TrumpDonald TrumpTrump announces new social media network called 'TRUTH Social' Virginia State Police investigating death threat against McAuliffe Meadows hires former deputy AG to represent him in Jan. 6 probe: report MORE's two nominees — Justices Neil GorsuchNeil GorsuchLocked and Loaded: Supreme Court is ready for a showdown on the Second Amendment Justices weigh request for information on CIA's post-9/11 torture program Supreme Court declines to hear dispute over DC representation in Congress MORE and Brett KavanaughBrett Michael KavanaughLocked and Loaded: Supreme Court is ready for a showdown on the Second Amendment Why Latinos need Supreme Court reform Feehery: A Republican Congress is needed to fight left's slide to autocracy MORE — were confirmed to the bench.
The case centers on the law in Louisiana that would require doctors who perform abortions to have admitting privileges at a nearby hospital, a requirement that critics say is designed to force abortion clinics to close.
The Supreme Court in February ruled 5-4 to block the law from taking effect while it was being challenged in court, with Chief Justice John Roberts siding with the liberal justices.
But it’s not certain whether Roberts’s decision in February means he will vote to block the law after the court hears oral arguments.
Kavanaugh and Gorsuch sided with Justices Clarence ThomasClarence ThomasA politicized Supreme Court? That was the point Locked and Loaded: Supreme Court is ready for a showdown on the Second Amendment Two conservatives resign from Biden's Supreme Court commission MORE and Samuel AlitoSamuel AlitoA politicized Supreme Court? That was the point Locked and Loaded: Supreme Court is ready for a showdown on the Second Amendment The Hill's Morning Report - Presented by Altria - Jan. 6 panel flexes its muscle MORE in dissenting.
In 2016, the Supreme Court struck down a similar Texas law 5-3, with former Supreme Court Justice Anthony Kennedy siding with liberal justices and Roberts in dissenting.
But Kennedy has since retired, and two conservative justices have taken seats at the court.
Abortion rights groups say the Supreme Court should follow the precedent it set when it struck down the Texas law.
The court's ruling stated that requiring abortion doctors to have hospital admitting privileges placed an "undue" burden on women seeking abortions.
"Three years ago, the Supreme Court decided that laws like this one in Louisiana had no purpose other than to make abortion more difficult to access," said Planned Parenthood acting President Alexis McGill Johnson.
"There’s only one reason the court would not strike down the Louisiana law and that is because Justice Kennedy, who voted to protect abortion access just three years ago, has been replaced with Justice Kavanaugh."
Despite the Supreme Court's 2016 ruling, the U.S. Court of Appeals for the 5th Circuit upheld the Louisiana law last year in a 2-to-1 vote, ruling it “does not impose a substantial burden on a large fraction of women.”
Opponents of the law argued it would force most of the state's abortion clinics to close.
Updated at 12:05 pm.