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Supreme Court issues rulings affecting abortion and religious liberty

Earlier this week, the Supreme Court issued rulings in two significant cases involving abortion and religious liberty. Here is what you should know about those cases.

The Case: June Medical Services v. Russo

The Background: In this case the justices were asked to consider a state law designed to protect women from the dangers practices of abortion clinics, Louisiana Act 620. This law was introduced by a Democratic lawmaker and passed through the Louisiana state legislature in 2014 with wide bipartisan support. The law required doctors performing abortions to have active admitting privileges at a hospital located no further than thirty miles from the location at which the abortion is performed or induced. This would ensure that women seeking an abortion could be quickly transferred in the event of medical complications. Every other surgical outpatient medical provider is required to have hospital admitting privileges—this law simply holds abortion clinics to the same standards of medical care that every other medical provider in Louisiana is required to abide.

The Ruling: In a 5-4 decision, the court applied and upheld the prior precedents in Planned Parenthood v. Casey, which established the “undue burden” precedent, and Whole Woman’s Health v. Hellerstedt, which struck down a Texas law on medical standards similar to Louisiana’s under consideration today. Taken together, these cases hold that a state cannot even enact reasonable public health regulations on the abortion industry if a court finds that those regulations place an “undue burden” on the ability of women to obtain abortions.

This Week at the ERLC

What You Need to Read

There is no shortage of ways that people in the present look back to the founding for an example of how to make sense of the present. Politicians across the spectrum appeal to the Founders, often the same founder for different purposes. . . . However you choose to spend the anniversary of America’s founding, consider how you can help to ensure the continuance of the promise that all are endowed by their creator with inalienable rights.

Unfortunately, many mental health providers and clergy have received little or no training on the spiritual impact of child abuse. As a result, many abused children suffer in silence with no qualified professional able to address their needs. It doesn’t have to be this way. Churches taking seriously the command of Jesus to protect children (Mark 9:42) and to minister to the least of these (Matt. 25:45) should take at least four practical steps.

In the quest for racial equity, I have found a number of evidences of grace that have kept me out of despair. One major evidence of grace is my cross-cultural, cross-generational friendship with Jim. Throughout our friendship, we have had times where sparks flew, but that’s to be expected because sparks fly when iron sharpens iron. As our friendship has strengthened, our trust of each other has also strengthened because we have experienced the other’s character and learned the importance of conversing with civility.

News From Capitol Hill

This week, the Chinese Communist Party (CCP) passed the National Security law, which represents a dramatic violation of the “one country, two systems” agreement between China and the West. This aggressive act gives China the power to use the same “security” practices used in mainland China to punish and suppress dissent and unrest. This law puts political dissenters and people of faith in Hong Kong in danger and at risk of life in prison and perhaps extradition to the mainland.

Congress introduced a bipartisan, bicameral bill entitled The Hong Kong Safe Harbor Act designating Hong Kong residents as Priority 2 refugees and streamlining their admission process to the United States. This bill opens up an asylum path for frontline activists in immediate danger. Additionally, the bill instructs the Secretary of State to coordinate the intake of Hong Kongers as refugees with other like-minded countries. Passage of this bill would send a clear message to Beijing that the United States does not support the CCP’s attempt to silence its dissenters by denying them fundamental human rights.

The United States has a history of welcoming refugees fleeing persecution. Hong Kongers will face increasing threats to freedom of assembly and the right to practice religion in the community as the CCP begins to enforce the National Security law. The Chinese government treats large groups—even those peacefully gathered and maintained—as a disruption to public order unless registered and controlled. To that end, the government deploys surveillance devices capable of facial recognition in state-sanctioned and unregistered houses of worship as a means of control and intimidation. With these mainland “security” measures now extended to Hong Kong, Christians and other religious minorities are especially vulnerable and in need of protection.

To learn more about how the religious freedom of Hong Kongers is being threatened, listen to the Capitol Conversations podcast featuring David Curry, the CEO of Open Doors USA.

Featured Podcasts

Jeff Pickering and Chelsea Patterson Sobolik welcome attorney and advocate Palmer Williams on the Capitol Conversations podcast to talk about how the pandemic uniquely highlights the importance of policies that protect people with disabilities. Williams also reflects on how her life was changed when President George H.W. Bush signed the Americans with Disabilities Act. Listen here.

Artificial intelligence (AI) seems like a far off, futuristic technology that doesn’t yet affect daily life. In reality, though, AI is around us all the time. On the WeeklyTech podcast, Jason Thacker reviews John Lennox's new book, 2084: Artificial Intelligence and the Future of Humanity and discusses how to engage with AI issues from a distinctly Christian worldview. Listen here.

From The Public Square

New Gallup Poll Finds Relative Stability in Public Opinion on Abortion
Michael New, National Review

The results provide further evidence that public attitudes toward abortion have remained fairly stable during the COVID-19 pandemic, as the new poll found that 46 percent of Americans identify as “pro-life,” while 48 percent identify as “pro-choice.”

Ruling against New York worship orders praised
Tom Strode, Baptist Press

Defenders of religious freedom inside and outside the federal government praised a court decision to block enforcement of New York orders on the size of worship meetings during the coronavirus (COVID-19) pandemic that are more restrictive than those imposed on other gatherings.

Casual Sex and the Crisis of Campus Sexual Assault
Julia Dunn Mosby, Public Discourse

Many critics of the new Title IX revisions regarding campus sexual assault think that a healthy hook-up culture is achievable. However, they must contend with the fact that sexual assault and casual sex share an underlying premise: sexual desire takes priority over other considerations.

China forces birth control on Uighurs to suppress population
Associated Press

The state regularly subjects minority women to pregnancy checks, and forces intrauterine devices, sterilization and even abortion on hundreds of thousands, the interviews and data show.