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S Supreme Court Justice Samuel Alito temporarily prevented the entry into force of the abortion restrictions in Louisiana, postponing for another week the question of whether the High Court will soon be forced to decide on the issue of the right to abortion.
Alito maintained the law until February 7, claiming that the filings were only completed on Friday and that the judges needed more time to examine them.
"This order does not reflect any view on the merits of the certiorari writ application that the applicants represent that they will file," said Alito. The judge deals with the urgency of the 5th Circuit and can therefore act alone, but can refer it to the entire court for a final decision.
Louisiana law requires that doctors who perform abortions have the privileges of admission to a local hospital in case a problem occurs during the abortion. In 2016, the Supreme Court overturned similar laws in Texas in the case of Whole Woman's Health v. Hellerstedt but the 5th circuit confirmed the law of Louisiana.
The decision was rendered 5-3 because the Supreme Court had been reduced following the death of the late Judge Antonin Scalia. Since then, President Trump has appointed judges Neil Gorsuch and Brett Kavanaugh, making the court more conservative.
The Supreme Court has been reluctant to address controversial cases this period after the deadly battle that led Kavanaugh about allegations of sexual assault while he was in high school .
On January 25, the plaintiffs in the Louisiana case filed an urgent application with the Supreme Court to stop the decision of the Fifth Circuit.
Anti-abortion organizations and lawmakers who support restrictions such as the Louisiana law say that they are necessary to protect women's health, but abortion rights advocates say that 39 they actually get clinics, putting abortions out of reach, and that they are not needed.
In September, a three-judge panel of the US Fifth Circuit Court of Appeals ruled in favor of Louisiana, arguing that the law was different from the one the Supreme Court rejected. The 5th Circuit then rejected the request for a new bench hearing or by all the judges sitting on the court.
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