June Medical Services LLC v. Russo and the Future of Roe v. Wade

On March 4th, 2020, the initial oral arguments were presented for June Medical Services LLC v. Russo, the newest case to potentially shatter the history of Roe v. Wade, a hallmark case that protects pregnant women’s right to choose whether to have an abortion or not. June Medical Services LLC v. Russo has proven to be very similar to Whole Woman’s Health v. Hellerstedt, which in 2016 ruled that Texas cannot create restrictions that make access to safe abortion services an “undue burden” on women. The Louisiana law, Act 620, in this case essentially mirrored that of Whole Woman’s Health v. Hellerstedt. Act 620, which was passed in 2014, makes it necessary for doctors performing abortions to have “admission privileges” at a designated hospital within 30 miles of the abortion clinic. This law creates an “undue burden” on women, just as its twin in Texas did, as only one doctor in the state has admissions privilege at that level. 

Unlike Whole Woman’s Health v. Hellerstedt, June Medical Services LLC v. Russo is dealing with two new conservative Supreme Court justices: Neil Gorsuch and Brett Kavanaugh. This is a major concern for reproductive rights activists as Whole Woman’s Health v. Hellerstedt was deemed unconstitutional in 2016, however, that was with a majority liberal justice panel. The two new justices, one of whom is a known pro-life advocate, are very risky playing cards in this case and future reproductive rights cases. Justice Kavanaugh emphasized throughout his nomination that he intends to overturn or at least make clear his interpreted confines of Roe v. Wade. 

So what does June Medical Services LLC v. Russo mean for the future of reproductive rights in America? Post the initial oral arguments, justices seem to be split according to their political party affiliations. The potential wild card of this decision will be Chief Justice John Roberts, a historical conservative, whose opinion was evidently unclear. Justice Kavanaugh was quick to dissent the Court’s emergency order back in February, and it is likely he will remain one of the strongest, if not the strongest, justice against declaring this law unconstitutional. The potential light on the horizon is the upcoming presidential election, which has the potential to impact this case and the government at large. Though the likelihood of a liberal president is unclear, perhaps there is a chance for change or at least a strong civil influence on Justice Roberts. 

The most impactful thing we can do as American citizens is to make our voices heard. Now is the time to vote passionately against issues, like abortion bans, that put our freedoms in jeopardy. Now is the time to write letters to Justice Roberts to remind him that a woman's right to choose should remain her right. Now is the time to encourage every American citizen to exercise their civic duty and vote. The justices are supposed to represent the opinions of the American public and to uphold the constitution we live under, so if June Medical Services LLC v. Russo is unconstitutional, then it is our job to inform them.