All 11 judges in the majority were appointed by Republican presidents; five of the six dissenters were appointed by Democrats
Planned Parenthood of Greater Ohio v Hodges
Judge Sutton’s opinion reckoned with two competing claims. First, Planned Parenthood contended its freedom of speech was violated when Ohio made state funding conditional on its decision to stopabortion. Second, it claimed the Fourteenth Amendment’s due-process clause protected Planned Parenthood against the rule that it could notabortions at the three clinics in Ohio where abortions are provided.
, Justice Kavanaugh would have let Louisiana impose its mandate—identical to a Texas law the Supreme Court—that abortion providers have admitting privileges at a nearby hospital. If the new rule actually wound up imposing an undue burden on women by shuttering clinics, Justice Kavanaugh wrote, it could always be challenged later.
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