The Hamilton Spectator

Texas’ limits on abortion clinics struck down

- MICHAEL DOYLE McClatchy

WASHINGTON — The Supreme Court struck down a Texas law Monday that was blamed for the closing of three out of four abortion clinics in the state.

The decision sends a warning shot to other conservati­ve states that cite medical safety issues in applying new restrictio­ns on abortion clinics.

The 5-3 ruling capped the court’s term and marked the justices’ latest boundary setting for legislator­s who try to impose abortion-related restrictio­ns.

“Neither of these (challenged) provisions offers medical benefits sufficient to justify the burdens upon access that each imposes,” Justice Stephen Breyer wrote in the majority opinion Monday. “Each places a substantia­l obstacle in the path of women seeking ... abortion, each constitute­s an undue burden on abortion access and each violates the federal Constituti­on.”

Breyer was joined by Justice Anthony Kennedy, a Republican appointee, and liberal Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor in the decision.

Chief Justice John Roberts Jr. joined Justices Clarence Thomas and Samuel Alito in dissent. “That 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 wrote.

With a 5-3 ruling, the addition of the late Justice Antonin Scalia would have made no difference to the outcome. Nor would the addition of a liberal appointee to replace him.

One of the most closely watched cases of the Supreme Court’s term, the dispute divided states and reignited passions on all sides of the abortion issue. While California, Washington and a dozen other states sided with Whole Woman’s Health, more than 20 states — including Florida, Georgia, Idaho, Kansas and South Carolina — supported Texas.

All the states will be guided in their future abortion-policy decisions by the court’s decision, and some of the other states’ laws could quickly fall.

“Today’s ruling should send a clear message to legislator­s that measures aimed at curtailing a woman’s constituti­onal right to have an abortion will not be tolerated,” American Constituti­on Society President Caroline Fredrickso­n said in a statement.

Sen. Dianne Feinstein, D-Calif., praised the 40-page decision as a “significan­t victory for women’s reproducti­ve rights,” while President Barack Obama declared himself pleased.

Texas Gov. Greg Abbott countered that “the decision erodes states’ law-making authority to safeguard the health and safety of women and subjects more innocent life to being lost.”

“Common-sense requiremen­ts that abortion clinics be held to the same standards as other medical facilities put the health of the patient first,” said Sen. John Cornyn, R-Texas.

 ?? AL DRAGO, NEW YORK TIMES ?? Alison Turkos, a pro-abortion rights activist, reacts to news of the U.S. Supreme Court’s decision on abortion, outside the court in Washington.
AL DRAGO, NEW YORK TIMES Alison Turkos, a pro-abortion rights activist, reacts to news of the U.S. Supreme Court’s decision on abortion, outside the court in Washington.

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