Supreme Court blocks Louisiana abortion clinic law

Supreme Court News

A divided Supreme Court stopped Louisiana from enforcing new regulations on abortion clinics in a test of the conservative court's views on abortion rights.

The justices said by a 5-4 vote late Thursday that they will not allow the state to put into effect a law that requires abortion providers to have admitting privileges at nearby hospitals.

Chief Justice John Roberts joined the court's four liberals in putting a hold on the law, pending a full review of the case.

President Donald Trump's two Supreme Court appointees, Justices Neil Gorsuch and Brett Kavanaugh, were among the four conservative members of the court who would have allowed the law to take effect.

Kavanaugh wrote a dissenting opinion in which he said the court's action was premature because the state had made clear it would allow abortion providers an additional 45 days to obtain admitting privileges before it started enforcing the law.

If the doctors succeed, they can continue performing abortions, he said. If they fail, they could return to court, Kavanaugh said. The law is very similar to a Texas measure the justices struck down three years ago. Roberts dissented in that case.

But the composition of the court has changed since then, with Kavanaugh replacing Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint "pro-life" justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions.

Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state's three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.

But the federal appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.

Related listings

  • Court could deal blow to porn star, award Trump legal fees

    Court could deal blow to porn star, award Trump legal fees

    Supreme Court News 12/04/2018

    Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim.The attorneys are due in a Los Angeles federal courtroom Monda...

  • Supreme Court hopeful had DWI charge in 2009

    Supreme Court hopeful had DWI charge in 2009

    Supreme Court News 10/20/2018

    A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged ...

  • Court to explore competency claim of ailing Alabama inmate

    Court to explore competency claim of ailing Alabama inmate

    Supreme Court News 10/01/2018

    The U.S. Supreme Court will hear arguments Tuesday in the case of an inmate sentenced to death for killing an Alabama police officer in 1985 but who lawyers say can no longer remember the murder because of stroke-induced dementia.Justices will decide...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.