Justice Kavanaugh wrote the dissent for the case in which he disagreed with the overreach of the majority.
The Supreme Court barred enforcement of a Louisiana law called Act 620 or the Unsafe Abortion Protection Act on a five to four vote Thursday night.
Chief Justice John Roberts joined the high court’s liberal bloc to temporarily prohibit the law’s implementation over the dissent of Justice Brett Kavanaugh. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch noted their dissent but did not join the Kavanaugh opinion. The act was scheduled to take effect on Friday.
The Louisiana measure provides that physicians who perform abortions must have admitting privileges at a local hospital. Abortion advocates say the law is identical to a Texas regulation which the Supreme Court struck down in 2016 in a case called Whole Women’s Health v. Hellerstedt.
Justice Samuel Alito delayed implementation of the Louisiana law by one week on Feb. 1. That order, called an administrative stay, was necessary so that the justices could review court filings from each party. Alito hears emergency petitions which arise out of the 5th Circuit.