Opinions Relating to Orders - 2018

June Medical Services, L.L.C. v. Gee

The application for a stay presented to JUSTICE ALITO and by him referred to the Court is granted, and the mandate of the United States Court of Appeals for the Fifth Circuit in case No. 17-30397 is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. JUSTICE THOMAS, JUSTICE ALITO, JUSTICE GORSUCH, and JUSTICE KAVANAUGH would deny the application. JUSTICE KAVANAUGH, dissenting from grant of application for stay. I respectfully dissent from the Court’s stay order. In this case, the plaintiffs raised a pre-enforcement facial challenge to Louisiana’s new admitting-privileges requirement for doctors who perform abortions. The Fifth Circuit rejected the plaintiffs’ facial challenge based on that court’s factual prediction that the new law would not affect the availability of abortions from, as relevant here, the four doctors who currently perform abortions at Louisiana’s three abortion clinics. In particular, the Fifth Circuit determined that the four doctors likely could obtain admitting privileges. The plaintiffs seek a stay of the Fifth Circuit’s mandate. T