A contentious legal battle over controversial protests is currently unfolding, as the Supreme Court decided not to hear arguments in two appeals on Monday regarding protest buffer zones around abortion clinics. This decision means that, at least for now, these restrictions will remain in place. Justices Clarence Thomas and Samuel Alito, both conservative, expressed a desire to hear the cases. Justice Thomas stated in a brief opinion that the precedent in question has been significantly weakened, if not entirely eroded, and that the court’s refusal to address this issue is a failure to fulfill its judicial responsibilities.
The issue of protected zones around clinics has been a long-standing legal matter, but it was reignited by the 2022 ruling that overturned Roe v. Wade. Notably, the conservative majority indicated in that ruling that they have reservations about the 24-year-old precedent allowing cities to establish protest-free areas. One of the cases involved a Missouri non-profit organization called Coalition Life challenging an ordinance in Carbondale, Illinois, that prohibited individuals from approaching within eight feet of someone entering a healthcare facility for the purposes of protest, education, or counseling. Coalition Life coordinates “sidewalk counselors” outside abortion clinics, and Carbondale ultimately repealed the ordinance last summer.
A second appeal came from a sidewalk counselor in New Jersey, Jeryl Turco, who contested Englewood’s eight-foot restriction. Lower courts dismissed both appeals citing a 2000 Supreme Court decision that upheld a similar buffer law in Colorado. However, the counselors believed that following the Dobbs v. Jackson Women’s Health Organization ruling two years ago, which overturned Roe v. Wade, it was time to revisit this precedent. The Dobbs decision included a statement criticizing the high court’s abortion precedents for distorting First Amendment principles with a footnote referencing the 2000 Colorado opinion on buffer zones.
The counselors argued that continuing to uphold this precedent was problematic in light of Dobbs, which aimed to return the issue of abortion to public debate. They pointed out that the Supreme Court has already distanced itself from the 2000 decision by invalidating a Massachusetts law in 2014 that established a 35-foot buffer zone around abortion clinics. City officials defending the buffer zones also referenced the Dobbs ruling, but for different reasons. They highlighted how the decision had prompted many states to restrict access to abortion, leading more patients and counselors to gather in states where abortion services are still available.
After the implementation of restrictions following Dobbs and the opening of two new reproductive health facilities in Carbondale, the city reported an increase in incidents of intimidation, threats, and interference by individuals protesting abortion services. These protesters were accused of obstructing vehicles and falsely presenting themselves as medical staff. For more CNN news and newsletters, you can sign up for an account on CNN.com.
