June Medical Services v. Russo

June Medical Services v. Russo, 591 U.S. ___ (2020), is a landmark decision of the United States Supreme Court.

Louisiana enacted a law requiring abortion providers to have admitting privileges at nearby hospitals. The law was nearly identical to the Texas law struck down in Whole Woman’s Health. Providers challenged the law, arguing that it would leave the state with only one abortion provider.

Significance

Chief Justice Roberts’ 5-4 opinion struck down the Louisiana law, agreeing with the lower court that the law imposed an undue burden. While Roberts rejected the balancing test from Whole Woman’s Health, he concurred based on stare decisis — because the same law had been struck down in Texas, the Louisiana version could not stand. The decision was notable for Roberts’s institutionalist approach, as he maintained his disagreement with the precedent but respected it as binding. The case was effectively overruled by Dobbs (2022).

Category

US Federal Case Law