Supreme Court to decide major abortion case for first time since 2007

Texas Attorney General Ken Paxton (R) urged the Supreme Court not to hear the case. Clinic Director Tammi Kromenaker criticized it as an attempt to shut down the state’s only abortion clinic. “It’s risky for many women who will have no safe and legal options left where they live, and may be forced to take matters into their own hands”, said Nancy Northup, president of the Center for Reproductive Rights. Opponents challenging the Texas law argue that the measures are created to limit abortions by limiting women’s access to abortion clinics.

Oral arguments in the case, which is Whole Woman’s Health v. Cole, are not expected until February or later.

The state of Texas maintains that it has a right to “regulate medical facilities and providers… in the interest of women’s health”. OH lawmakers also enacted a law to ban public hospitals from making transfer agreements with the clinics, which could lead a few to close.

The pro-life movement has benefited from similar laws across the country that have dramatically reduced the number of abortion clinics in many states. A provision requiring abortion providers to have admitting privileges with a hospital cut that number in half, and there are 18 clinics today.

The Supreme Court has not issued an opinion on abortion since 2007, when it upheld the federal ban on partial-birth abortion.

But the Alliance Defending Freedom, a conservative group, said in a statement that the requirements of Texas’ law are “common-sense protections that ensure the maximum amount of safety for women”.

In June, a panel of the 5th U.S. Circuit Court of Appeals, in New Orleans, largely upheld the contested provisions of the Texas law, using the more deferential approach.

HB2 is what’s known as a Targeted Regulation of Abortion Providers (TRAP) law. But the providers are now asking the Supreme Court to permanently block enforcement of both provisions. Eleven states impose admitting privileges requirements on doctors who perform abortions in clinics, the institute said.

Legal experts Yellowhammer spoke with Friday said the Supreme Court’s impending decision will not impact Alabama if it rules in favor of the abortionists, but it could “breath life” back into Alabama’s law if the court rules in favor of the State of Texas.

In South Texas, there are now only four clinics which offer abortions, with three in San Antonio and one in McAllen.

Backed by Republicans, the law places high standards on clinics and puts new requirements on doctors that provide abortions in the state.

“Texas is the second-most-populous state in the nation-home to 5.4 million women of reproductive age”, reads the petition filed by several abortion facilities, including Whole Woman’s Health, Austin Women’s Health Center and Killeen Women’s Health Center.

In considering HB 2, SCOTUS will consider the vague notion of “undue burden” as originally addressed in the Court’s 1992 ruling in Planned Parenthood v. Casey.

The court defined those burdens as “unnecessary health regulations that have the objective or effect of presenting a substantial obstacle to a woman seeking an abortion”. Is driving additional hundreds of miles or having to go out of state for an abortion an undue burden?