State Capitol Highlights
Supreme Court strikes down major changes to abortion law
AUSTIN — The U.S. Supreme Court on June 27 struck down parts of the state abortion law that Texas lawmakers revised and passed in 2013.
The law’s provision that physicians providing abortions must have admitting privileges to a nearby hospital and the provision that abortion facilities must meet minimum standards for ambulatory surgical centers are in violation of the Constitution, the court said in a 5-3 ruling.
Justice Stephen Breyer, author of the court’s majority opinion, wrote, “We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes.”
Furthermore, wrote Breyer, the admitting-privileges requirement imposes an “undue burden” on a woman’s right to choose, and evidence provided by the State of Texas did not show how the new law advanced the state’s legitimate interest in protecting women’s health.
In her concurring opinion, Justice Ruth Bader Ginsburg wrote that the Texas law inevitably would reduce the number of clinics and doctors allowed to provide abortion services.
“Texas argues that HB 2’s restrictions are constitutional because they protect the health of women who experience complications from abortions. In truth, complications from an abortion are both rare and rarely dangerous,” Ginsburg wrote.
Justice Clarence Thomas, in his dissenting opinion, wrote: “This suit is possible only because the Court has allowed abortion clinics and physicians to invoke a putative constitutional right that does not belong to them — a woman’s right to abortion.”
Soon after the high court’s ruling was published, Gov. Greg Abbott said, “The decision erodes states’ lawmaking authority to safeguard the health and safety of women and subjects more innocent life to being lost. Texas’ goal is to protect innocent life, while ensuring the highest health and safety standards for women.”
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