I
know it may sound like wishful thinking, but
Monday's decision
, while certainly disappointing, has two positive silver linings. Hear me out.
First, and most obviously, Justices Gorsuch and Kavanaugh siding with Louisiana is a major win for our cause long term.
Second, Chief Justice Roberts' decision delivered a blow to pro-abortion forces looking to dismantle the pro-life movement once and for all.
In 2016, the pro-abortion wing of the court ushered in a new standard of review in the case
Whole Women' Health v. Hellerstedt
. Simply put, this new standard made it almost impossible for current pro-life laws to be considered constitutional. Emboldened by this radical decision, pro-abortion attorneys in 2017 filed a host of lawsuits aimed at bringing down Louisiana pro-life laws that have been on the books for years.
Roberts' decision on Monday gutted that new standard introduced in
Hellerstedt
and returned Supreme Court precedent to a place that gives pro-life laws a better chance at surviving scrutiny. His decision opened the door to more Supreme Court cases in the future that could further challenge what Justice Thomas correctly called an "ill-founded abortion jurisprudence."
Don't get me wrong. The Chief Justice erred in striking down our law based solely on precedent. If the 2016 decision was wrong, then it is still wrong in 2020. The Constitution did not change. We have worked for six years to hold abortion businesses to the same health and safety standards as all other outpatient facilities. The court protected this dangerous loophole, and women in Louisiana remain in jeopardy.
But Louisiana gained ground for the pro-life movement on Monday, and the abortion industry lost ground.
While not what we wanted right now, and the delay is frustrating to say the least, we hope the decision in time sets the stage for a larger win in the future for both life and for women's health.
Let's stay the course and keep fighting!
For a Pro-Life Louisiana,
Benjamin Clapper
P.S. We have had a busy couple of days doing media interviews. There are too many to mention all, but they include State Sen. Katrina Jackson on
Fox News
, our Associate Director Angie Thomas on many local outlets, including
Fox 8 New Orleans, and our Director of Education Alex Seghers and Black Advocates for Life Director Kathy Allen, Ph.D, on
CNN.