Justices back Calif. anti-abortion pregnancy centers

WASHINGTON — The Supreme Court on Tuesday effectively put an end to a California law that forces anti-abortion crisis pregnancy centers to provide information about abortion.

The 5-4 ruling also casts doubts on similar laws in Illinois and Hawaii.

The California law took effect in 2016. It requires centers that are licensed by the state to tell clients about the availability of contraception, abortion and prenatal care, at little or no cost. Centers that are unlicensed were required to post a sign that said so. The court struck down that portion of the law.

The centers said they were singled out and forced to deliver a message with which they disagreed. California said the law was needed to let poor women know all their options.

Justice Clarence Thomas, in his majority opinion, said the centers “are likely to succeed” in their constitutional challenge to the portion of the law involving licensed centers. That means that while the law is currently on the books, its challengers can go back to court to get an order halting its enforcement. An attorney for the challengers said Tuesday that they expect to be able to do that quickly. California had not been enforcing the law, however.

“California cannot co-opt the licensed facilities to deliver its message for it,” Thomas wrote for himself, Chief Justice John Roberts and Justices Anthony Kennedy, Samuel Alito and Neil Gorsuch. He called the requirement for unlicensed centers “unjustified and unduly burdensome.”

Justice Stephen Breyer said among the reasons the law should be upheld is that the high court has previously upheld state laws requiring doctors to tell women seeking abortions about adoption services. “After all, the law must be evenhanded,” Breyer said in a dissenting opinion joined by his liberal colleagues, Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

Attorney General Jeff Sessions and anti-abortion groups were among those cheering the decision. The Trump administration had argued that California’s law violates the rights of licensed centers but had no objection to the requirement for centers.

Other states have laws that regulate doctors’ speech in the abortion context. In Louisiana, Texas and Wisconsin, doctors must display a sonogram and describe the fetus to most pregnant women considering an abortion, according to the Guttmacher Institute, which supports abortion rights. Similar laws have been blocked in Kentucky, North Carolina and Oklahoma. the unlicensed