Texas abortion law tossed
Abortion rights activists cheer outside the Supreme Court in Washington on Monday after the justices struck down a Texas law placing restrictions on abortion clinics. In a case with far-reaching implications for millions of women across the United States, the court ruled 5-3 to strike down measures which activists say have forced more than half of Texas’ abortion clinics to close. The justices rejected the state’s arguments that its 2013 law and follow-up regulations were needed to protect women’s health. Thirteen states have similar requirements, enacted as part of a wave of abortion restrictions imposed in recent years.
WASHINGTON — The Supreme Court issued its strongest defense of abortion rights in a quarter-century Monday, striking down Texas’ widely replicated rules that sharply reduced abortion clinics in the nation’s second-mostpopulous state.
By a 5-3 vote, the justices rejected the state’s arguments that its 2013 law and follow-up regulations were needed to protect women’s health. The rules required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards for outpatient surgery.
The clinics that challenged the law argued that it was merely a veiled attempt to make it harder for women to get abortions by forcing the closure of more than half the roughly 40 clinics that operated before the law took effect.
Justice Stephen Breyer’s majority opinion for the court held that the regulations are medically unnecessary and unconstitutionally limit women’s right to abortions. Breyer wrote that “the surgical-center requirement, like the admitting privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions and constitutes an ‘undue burden’ on their constitutional right to do so.”
Thirteen states have similar requirements, enacted as part of a wave of abortion restrictions that states have imposed in recent years. Others include limits on when in a pregnancy abortions may be performed and the use of drugs that induce abortions without surgical intervention.
Amy Hagstrom Miller, the owner of several Texas clinics among her eight facilities in five states, predicted that the decision would “put a stop to this trend of copycat legislation.”
Texas Attorney General Ken Paxton said the law “was an effort to improve minimum safety standards and ensure capable care for Texas women. It’s exceedingly unfortunate that the court has taken the ability to protect women’s health out of the hands of Texas citizens and their duly elected representatives.”
Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined Breyer’s majority.
Ginsburg wrote a short opinion noting that laws like Texas’ “that do little or nothing for health, but rather strew impediments to abortion, cannot survive judicial inspection” under the court’s earlier abortion-rights decisions. She pointed specifically to Roe vs. Wade in 1973 and Planned Parenthood vs. Casey in 1992, of which Kennedy was one of three authors.
Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas dissented.
Thomas wrote that the decision “exemplifies the court’s troubling tendency ‘to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue.’ ” Thomas was quoting an earlier abortion dissent from Justice Antonin Scalia, who died in February. Scalia has not yet been replaced, so only eight justices voted.
Abortion providers said the rules would have cut the number of abortion clinics in Texas to fewer than 10 if they had been allowed to take full effect.
Abortion rights supporters celebrate the ruling outside the Supreme Court in Washington, D.C.