Roberts Erased Abortion Cost-Benefit Test, 8th Circ. Rules

Law360 (August 7, 2020, 8:32 PM EDT) -- The Eighth Circuit on Friday undid a lower court's invalidation of several anti-abortion laws in Arkansas, finding that Chief Justice John Roberts' pivotal vote in a recent U.S. Supreme Court case requires the lower court to evaluate the laws under a different approach.

A three-judge panel vacated a lower court's preliminary injunction against the four laws, and said the lower court needs to take another look at the law in light of Justice Roberts' recent concurring opinion in June Medical Services v. Russo, in which he and four other justices wiped out a Louisiana law that would have required abortion doctors...

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