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Newhouse joins call to reconsider abortion ruling

EMRY DINMAN | Hagadone News Network | UPDATED 4 years, 10 months AGO
by EMRY DINMAN
Staff Writer | January 6, 2020 9:50 PM

MOSES LAKE — Rep. Dan Newhouse, R-Wash., joined 206 other members of Congress on Thursday in calling for the U.S. Supreme Court to reconsider the right to abortion laid out 47 years ago by Roe v. Wade.

Newhouse was among the 168 members of the House of representatives and 39 senators who signed an amicus “friend of the court” brief in a closely watched Supreme Court case that could drastically limit abortion access. All but two of the signatories, Reps. Collin Peterson, D-Minn., and Dan Lipinski, D-Ill., were Republicans.

That case, June Medical Services LLC v. Gee, will be seen by the Supreme Court in March. It challenges a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. That law was upheld by the Fifth Circuit Court of Appeals, though the Supreme Court granted an emergency stay on enforcement until the court could review the case.

In their brief, lawmakers stated that Louisiana abortion clinics in general and June Medical Services in particular have “a long history of health and safety violations,” and they argued that admitting privileges were necessary to ensure the health and safety of those seeking abortions.

For its part, June Medical Services, a clinic in Shreveport, Louisiana, argued that the restrictions were unnecessary and did not improve safety for patients, and instead were a veiled attempt to curtail abortion access.

In court filings, the plaintiff argued that only one doctor in the entire state would be able to perform abortions under the new law. This would create an “undue burden” for women seeking the procedure, the clinic argued, which would be unconstitutional under the terms set out by the landmark Roe v. Wade case.

The Louisiana law mirrors a 2016 law enacted in Texas, which was struck down by the Supreme Court in Whole Woman’s Health v. Hellerstedt. But in their brief, the 207 members of Congress said that the 2016 case had created an “overly subjective ‘balancing’ test” that was unenforceable.

Further, the brief stated that the Fifth Circuit Court of Appeals’ difficulty deciding June Medical Services LLC v. Gee last year called into question the workability of the “‘right to abortion’ found in Roe v. Wade.” The members of Congress asked the court to “again take up the issue of whether Roe and Casey should be reconsidered and, if appropriate, overruled.” Rep. Cathy McMorris Rodgers, R-Wash., joined Newhouse in adding her name to the brief, though fellow Washington Republican Rep. Jaime Herrera Beutler did not.

Newhouse did not respond to repeated requests for comment.

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