Key events leading up to Monday’s decision by the U.S. Supreme Court that struck down the strict Texas anti-abortion restriction law known as HB2.
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Thankfully, the Supreme Court struck down those laws in a 5-3 vote in favor of the clinics. It said states had a legitimate interest in regulating abortion procedures but could not make them so onerous as to impose an “undue burden” on a woman’s right to terminate a pregnancy before fetal viability. “2 could genuinely protect the health of women, and certain that the law ‘would simply make it more hard for them to obtain abortions, ‘” she wrote.
Under the Texas legislation, doctors who perform abortions are required to have admitting privileges at nearby hospitals and their clinics must meet the standards of an ambulatory surgical center. It also means that similar laws that have been passed around the country are now unconstitutional, and neuters two major legislative tactics used by the anti-choice movement.
The American Medical Association, the American College of Obstetricians and Gynecologists, and a wide array of medical organizations said in legal papers filed with the court insisted there is no medical reason for the law and it actually jeopardizes women’s health by delaying or blocking access to abortions.
This is a developing story, check back for updates.
“Meanwhile, Donald Trump has said women should be punished for having abortions”, she said.
“Today’s ruling sets a unsafe precedent for states like Texas, which the Constitution makes clear should be free to pass laws that are in the best interests of our citizens”, said Cornyn, who joined 33 other senators and 140 members of the House in filing a brief in the case arguing the restrictions should stand.
During hearings on the Texas case, Kennedy had raised a number of concerns about the law – noting that its restrictions and associated delays were increasing the number of surgical abortions and decreasing those induced by medication. As Nina reported, the court “said that it did not consider a 300-mile round trip for almost 1 million women of reproductive age to be a substantial burden because that number was “nowhere near” a large fraction of the state’s 5.4 million women of childbearing age”.
Texas Gov. Greg Abbott decried the ruling. The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.
This decision is a best-case scenario for advocates of abortion rights. With Kennedy joining the liberal bloc of justices, his swing vote was the deciding factor, so “Scalia’s vote would have been among the four on the losing side in any event”, Ron says.
Wisconsin attorneys had petitioned the Supreme Court to reverse that decision.
“Yet the same State gets no deference under the undue-burden test, despite producing evidence that abortion safety, one rationale for Texas’ law, is medically debated”, Thomas wrote.
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Just eight justices are taking part in the cases following the death of Justice Antonin Scalia in February.
