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ANGLAIS DROIT

Examen de compréhension écrite

Supreme Court Declares Another Abortion Law Unconstitutional

1/Who challenged the Louisiana law (Act 620) and why?

Abortion in the United States is the subject of much debate in the political arena. Since the 1973 Supreme Court decision in Roe v. Wade, where the U.S. federal court ruled that a woman's right to abortion is a matter of privacy, the subject has not abated.

Particularly in Louisiana, which had decided more years ago to require doctors who perform abortions in clinics to have authorization to do their work in a hospital located less than 50 kilometers from the site of the operation.

The case went all the way to the Supreme Court, which reviewed Bill 620 before delivering its judgment, in which it overturned the decision of the Court of Appeals in question. By a vote of 5 to 4, the Court's Chief Justice, John Roberts, a Conservative, joined the other four Democratic justices (Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor) in declaring the law illegal.

This is a huge victory for several abortion centers (5) and aids (4) who challenged Bill 620 before it was implemented, and who agreed with the Supreme Court that it was unconstitutional because for them and the Court's rapporteur there is no benefit to women's health and it would be a restriction to their abortion.

Finally, the question of the number of available doctors would be a consequence of this law, yet only one doctor and one clinic could continue to practice all over Louisiana if the law were applied, a number that is insufficient for this state.

2/Explain why the U.S. District Court declared this law unconstitutional:

The U.S. District Court for reasons related to women's health and safety admitted that the admission privileges for those who perform abortions in clinics offered no advantages or benefits with respect to the delivery conditions of American women and consequently declared the Louisiana law unconstitutional, without which continuity of care would be impossible all over the state.

In a second option, because the previous Louisiana law didn’t protect women with abortion complications by closing several abortion establishment leaving only one clinic in the entire state, this repressive law is a heavy charge on women who are increasingly forced to make this decision, so the US district court considered that the obstacle was too significant in this case for the law to be definitively accepted in the U.S. Constitution.

3/Why did Chief Justice Roberts concur when he had voted differently on a similar Texas law in 2016?

.Beyond the local issue, the "Louisiana law" case, like those of other states on abortion restrictions was a signal of the Supreme Court's determination to defend its decision 1973 decision - "Roe V. Wade". Indeed, the Louisiana law was very similar to another legal text, this time from Texas, which the Supreme Court had invalidated in 2016 - "Whole Woman's Health v. Hellerstedt".

.The head

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