Supreme Court To Hear Texas Abortion Case

Updated Monday, February 29, 2016 @ 8:00 PM

The Supreme Court this week will hear arguments in the Whole Women’s Health v. Hellerstedt case, which challenges the 2013 House Bill 2 Texas law threatening to close 13 of the 20 women's health care clinics that remain open in Texas. In addition to other reproductive health care services, those clinics provide abortions in the state.

This case challenges the constitutionality of two provisions of the HB2 law regulating abortion in Texas. One provision requires doctors who perform abortions to have privileges to admit patients to a local hospital; the other requires abortion clinics to have facilities that are comparable to outpatient surgical centers. Inside the courtroom, lawyers for the state of Texas' tell the judges HB2 provisions are constitutional because they are intended to protect women’s health. Outside the courtroom, state leaders like Texas Governor Greg Abbott have admitted that the law is intended to limit abortion as much as possible.

Last June, the U.S. Court of Appeals for the Fifth Circuit overturned a federal district judge's October 2013 ruling that HB2 violates the constitutional rights of women who seek an abortion as one of their reproductive health care options. The Fifth Circuit's ruling would have allowed the state to immediately enforce all provisions of HB2.

Immediately following that Fifth Circuit ruling, the Supreme Court granted plaintiff's petition asking the high court to temporarily blocked that appellate court's ruling, and Texas' enforcement of the HB2 law, pending appeal.  The plaintiffs argue the law offers little to no medical benefits to women and that the real intent of the law is to close clinics and limit women’s access to abortions.

The Fifth Circuit gave a sweeping 56 page endorsement of Targeted Regulation of Abortion Providers (TRAP) law legislation anti-abortion lawmakers in Texas and other states have adopted in recent years to make abortion unavailable.

Original Post Date June 29, 2015

In a 5-4 order, the Supreme Court today temporarily blocked a ruling from the U.S. Court of Appeals for the Fifth Circuit that was set to close all but nine abortion clinics in Texas by July 1. All 20 abortion clinics open in Texas today will be able to remain open as a result of this temporary order. The Chief Justice, Justice Scalia, Justice Thomas, and Justice Alito opposed the application, according to the Supreme Court's order about the case, Whole Woman's Health, et al. v. Cole, Comm'r, TX DHS, et al.