Breaking: Supreme Court Rules Texas Anti-Abortion Law Is Unconstitutional

Supreme Court Reverses Fifth Circuit Ruling on Republican-Backed Law 

Whole Woman’s Health v. HellerstedtThe U.S. Supreme Court has just ruled that a 2013 Texas law designed to restrict and reduce women’s access to abortion services is unconstitutional, in a 5-3 ruling. This is the court’s first look at abortion in nearly a decade and some call it the most consequential abortion case in nearly 25 years. Justice Stephen Breyer wrote the majority opinion.

At issue was whether or not the Texas law, known as HB-2, placed an “undue burden” on women seeking abortions. The landmark 1973 law Roe v. Wade made abortion legal, but also stated states could regulate the practice as long as doing so did not place  an “undue burden” on women. Williams added there was no clear need for the rule. 

Justice Clarence Thomas wrote he would have upheld the law as written.

The law mandated extreme requirements of facilities that conduct abortions, from requiring all physicians at abortion clinics to have admitting privileges to hospitals to the width of hallways. Before it was halted, the law forced more than half of all Texas abortion clinics to close, reducing the number to 20 cross the nation’s second-largest state in both geography and population. If the law were allowed to continue half of those 20 clinics would close.

During oral arguments, Justice Elena Kagan noted, “Liposuction is 30 times more dangerous, yet doesn’t have the same kinds of requirements.”

Proponents of the law claimed it made women safer, which was false. 

Pete Williams on MSNBC noted at least 12 states have similar laws, which now should be in jeopardy. He called the decision in the case, Whole Woman’s Health v. Hellerstedt, a “decisive victory” for women and pro-choice advocates.

TWC News in Austin, Texas notes today’s “outcome will affect the fate of similar abortion restrictions in other states,” including Louisiana and Mississippi. During oral arguments Justice Kennedy “floated the idea of sending the case to a lower court to get more evidence. He also seemed concerned that the Texas restrictions might be forcing women to get abortions later in their pregnancies, which are riskier.”

A tied vote would have left the law in place, meaning “women would enjoy their fundamental rights differently based on the state in which they live and this is not how our Constitution works,” Elizabeth Wydra, president of the Constitutional Accountability Center, told Fox News.

UPDATE I: 10:20 AM EDT –
Hillary Clinton weighs in:

Donald Trump had said women should be “punished” for having abortions if it were to become illegal. 

Bernie Sanders and Donald Trump have not yet responded to the ruling.

UPDATE II: 10:26 AM EDT –
It should be noted Democrat Wendy Davis, a Texas state senator in 2013 when this law was debated, gained national attention when she held an 11-hour filibuster to prevent the bill from passing. The bill passed regardless, and Davis, who earned the support of millions around the country, ran for governor, but lost to Republican Greg Abbott.

UPDATE III 10:43 AM EDT –
The ruling is here.

UPDATE IV: 10:50 AM EDT –

Outside the Supreme Court right now:

UPDATE: 12:23 PM EDT –

 

 

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates. 

Image: Outside the Supreme Court before this morning’s decision, photo by Sara Merken via Twitter