Supreme Court asked to step in on blue state law that targets anti-abortion 'counselors'

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New York law restricting sidewalk counseling at abortion clinics could face SCOTUS scrutiny

The document also notes now-retired Justice Anthony Kennedy’s dissent that said Hill"Three Justices have since recognized that intervening precedents have ‘all but interred’ Hill’s analysis, leaving it ‘an aberration in [the Court’s] case law,’" the document continues. was a ‘distort[ion]’ of ‘First Amendment doctrines.’"

Members of the Supreme Court, from left, Justices Amy Coney Barrett, Neil Gorsuch, Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts and Justices Ketanji Brown Jackson, Samuel Alito, Elena Kagan and Brett Kavanaugh on Sept. 30, 2022, in Washington, D.C. Mark Rienzi, president and CEO at Becket, the firm representing Vitagliano, says the high court"should fix the mistake of Hilland make clear that the First Amendment protects these offers of help and information to women in need."

Rienzi says critics who support the law because it’s aimed at stopping obstruction or violence are in error, because laws that protect against such actions are already on the books. "These laws are only about stopping peaceful speech. In fact, if I approached someone with a baseball bat instead of a leaflet, I wouldn’t violate this law. I only violate this law by approaching to speak. The law targets the exchange of information on public sidewalks and government shouldn't do that. The only reason it ever happened was we had a court that was twisting things to protect abortion. We should be out of that business, and we should let people speak freely.

 

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