Supreme Court set to make first major ruling on abortion of Trump era

Watershed decision could fall down to tie-breaking vote by Chief Justice John Roberts

The Supreme Court is set to make its first landmark ruling on abortion rights in the era of Donald Trump as early as this week, with the deciding vote likely to be left down to one judge.

The court is set to vote on a constitutional challenge to a highly controversial Louisiana law allowing the regulation of abortion providers to come into effect, which could set a new precedent for the protection of abortion rights in the US.

The 2014 Louisiana law requires physicians who perform abortions to hold “active admitting privileges” at a hospital within 30 miles of their facility. Challengers have said it places obstacles in the path of women seeking a pre-viability abortion.

Defenders have argued the law benefits abortion patients by making abortion safer, even though the court found that a previous similar law offered no such benefit.

The law has been regarded as significantly similar to a case that was heard in 2016, namely Whole Woman’s Health v Hellerstedt, that also required abortion providers to have similar admitting privileges.

A tie-breaking vote may rest with Chief Justice John Roberts, who has maintained an image dedicated to honouring prior Supreme Court opinions.

“Roberts has as much if not more of an interest than anyone in the public face and integrity of the court,” Professor Steven Schwinn, a law professor at the University of Illinois at Chicago told The Hill.

Notably, the Louisiana case asks the justices to weigh their own past rulings on abortion.

In the 2016 case, Justice Roberts dissented on technical grounds from the majority, which ruled a 5-3 vote that the law was unconstitutional because its burden on a woman’s right to an abortion outweighed any medical benefit.

“[Justice Roberts] is acutely aware that if the court were to take dramatic actions in the Louisiana case, like overturning Hellerstedt, it would widely be seen as a sheer political move,” Prof Schwinn said.

This case is not a direct challenge to Roe v Wade, the landmark supreme court decision protecting a woman’s liberty to choose to have an abortion without excessive government restriction, but could be seen as a watershed moment in the change in precedent of abolition rights in the US under Mr Trump.

The district court said the law placed an undue burden on women seeking abortions in Louisiana, applying the Supreme Court’s guidance in the previous case of Hellerstedt. However, the 5th Circuit Court of Appeals reversed that ruling, prompting the appeal to the supreme court and the decision that lies ahead.

President Trump has been clear on his position on abortion clear and has promised to see Roe v Wade overturned since his 2016 presidential campaign.

The decision from the court on the Louisiana case could come as early as Monday, reports have said.