Tuesday, June 28, 2016

TEXAS ABORTION LAW STRUCK DOWN

Although this case did not involve criminal sanctions, they too would be struck down.  For instance, if a physician were criminally prosecuted for performing and abortion without having hospital privileges, that conviction would be struck down as being unconstitutional.
"The U.S. Supreme Court struck down Texas’ sweeping abortion restrictions Monday, declaring they pose an unconstitutional burden on women seeking to end their pregnancies.
In a 5-3 decision, Justice Anthony Kennedy sided with the four Democratic-appointed justices to toss out Texas’ 2013 regulations on abortion doctors and clinics. The decision sets a national precedent that will curtail how far states can go to restrict abortion, with abortion rights activists saying it bolsters their fight against similar restrictions across the country.
The requirements that doctors who perform abortions maintain admitting privileges at nearby hospitals and all abortions be performed in hospital-like surgical centers have caused more than half of the state’s abortion clinics to close.
The ruling ends a three-year saga that put Texas in the national spotlight for the broad sweep of its attempt to restrict abortion access. The initial effort to pass the law was temporarily derailed by a filibuster in the state Senate, with then-Sen. Wendy Davis drawing worldwide attention for her talkathon to block the law.
In the Texas case, Whole Woman’s Health vs. Hellerstedt, a group of abortion providers sued to block the laws, saying they placed an undue burden on women seeking the procedure."

Based on existing precedents, this was clearly the correct decision.  I and many others predicted this result when the Court first took the case.  It is difficult to believe that 3 Justices actually belived Texas' contention that protecting women's health, rather than restricting access to abortions was the real purpose of the law.

See the syllabus and full opinion here.











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