Chief Justice John G. Roberts Jr. was deciding vote in the 5 to 4 decision. Roberts said the Louisiana law could not stand given the court’s 2016 decision overturning a similar Texas law which required physicians who perform abortions to have admitting privileges at area hospitals.
"It's a terrible statement about the court's willingness to allow states to protect the health and safety of women. That (overturned) bill was passed five years ago by the Louisiana legislature in a landslide majority," says Johnson, reminding one and all that the legislation was a bill authored by Democrat Katrina Jackson.
"I am outraged, more than surprised," continues Johnson, commenting on Chief Justice Roberts casting the deciding vote, "Chief Justice Roberts has double-crossed us again on another critical issue.I'm not saying that as a conservative, but as someone who supports common sense measures."
Johnson then says he thinks that the Chief Justice goal is to keep the Court out of controversy. "Ironically,' he says, "By making rules in this way, he injects the Court right into the middle of the mess."
Johnson then says that the balance of Constitutional power has swung too far toward the Judicial Branch. "The courts (originally) had a limited role," Johnson says, "That role has been shifted. The Court has usurped the authority of self-governance through elected representatives and they've taken on the role of legislators. They are making law from the bench."