Indiana Attorney General Curtis Hill critiques Supreme Court decision in June Medical Services, L.L.C. v. Russo

By Dave Andrusko

As you would expect from National Right to Life, we have been all over the egregiously misguided Supreme Court June Medical Services, L.L.C. v. Russo decision. (See, for example, here; here; here; and here.)

We will continue today with at least two more examinations that come at this preemption of Louisiana’s “Unsafe Abortion Protection Act” from different perspectives but come to a common conclusion: the 5-4 decision was a disaster.

There were fascinating insights from Indiana Attorney General Curtis Hill, whose work to defend the state’s protective abortion laws and to investigate the abhorrent hoarding of the remains of hundreds of aborted babies by the demented Ulrich Klopfer is familiar to all readers of NRL News Today and NRL News.

In his statement, AG Hill alludes to an amicus brief filed with the Supreme Court by Indiana, together with Arkansas, and joined by 18 other states that urged the High Court “both to reject the authority of abortion clinics to bring this type of lawsuit and to uphold the Louisiana admitting privileges law.” Here is a large portion of AG Hill’s full response:

“Justice Samuel Alito cited Indiana’s brief in his dissenting opinion, in which he proclaimed, ‘The divided majority cannot agree on what the abortion right requires, but it nevertheless strikes down a Louisiana law . . . that the legislature enacted for the asserted purpose of protecting women’s health.’ ”

“Justice Clarence Thomas correctly assessed today’s ruling in his own dissenting opinion. ‘Today,’ he said, ‘a majority of the Court perpetuates its ill-founded abortion jurisprudence by enjoining a perfectly legitimate state law and doing so without jurisdiction.’ The court relied upon precedents, he said, that ‘created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text.’

“Rather than siding today with the Supreme Court’s four liberal justices, Chief Justice John Roberts could have helped steer the court toward a truer constitutional course. In his own dissenting opinion, Justice Neil Gorsuch aptly observed that, with the opinions of the Chief Justice and the four liberal justices, ‘To arrive at today’s result, rules must be brushed aside and shortcuts taken.’ He grieved that today’s decision ‘is a sign we have lost our way.’…

AG Hill concludes with the discovery last year

“that former abortion doctor Ulrich Klopfer stored aborted fetuses in his garage and automobiles and generally operated unsafe abortion clinics. The tragedies caused by Klopfer’s unscrupulous practices are a sober reminder that the state plays an important role in regulating abortion doctors and clinics to ensure the safety of women and the dignity of human life.

“We remain steadfast in our defense of Indiana’s abortion regulations.”

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