The majority did not explain their reasoning for turning down the appeals, as is typical, but two conservative justices, Samuel Alito and Clarence Thomas, disagreed.
The cities said the laws were passed to address disturbing behavior from protesters outside of health care clinics. But pro-life activists said the measures violate free-speech rights and should be on their “deathbed” after the justices overturned Roe v. Wade and the nationwide right to abortion.
One case comes from Carbondale, Illinois, which is located near the state’s southern border and passed an ordinance after becoming a destination for patients from nearby states with abortion bans. The measure was quickly challenged in court, and has never been enforced. The city argued the appeal should be tossed because the ordinance was repealed shortly before abortion opponents went to the Supreme Court.
The other case is from New Jersey, where activist Jeryl Turco says she has approached women in Englewood for years to try to convince them not to have abortions. She says an 8-foot demonstration-free zone the city passed in 2014 in response to a group of protesters also wrongly kept her from approaching women.
Englewood argues that Turco has still been able to share her message outside of the immediate area near clinic entrances. Lower courts have ultimately upheld the ordinance, finding it isn’t a major First Amendment burden.
