WHAT HAPPENED? Texas passed a law that raised standards on facilities performing abortions.  Provisions included having a physician who had attending privileges at a hospital within 30 miles and requiring that clinics have the same standards as ambulatory surgical centers.  In response to these requirements, most of the abortion clinics in Texas closed down.

WHY IS THIS BEFORE THE SUPREME COURT?  The Supreme Court has held that any law that puts an “undue burden” on a women’s right to choose violates the 5th Amendment.  This law, which could be argued is intended to increase the standards for abortion clinics, creates an undue burden not on the face of the law, but in the effect that the law has on women in Texas.

WHAT IS THE RULING?  This case is not yet decided.

WHAT ARE THE RAMIFICATIONS?  The ramifications in both directions are fairly significant.  If the Abortion Clinics win, it adds an extra wrinkle to the “undue burden” test, that allows the Court to consider the effect of the law instead of just its intent.  If Texas wins, state government seeking sneaky ways to restrict abortion rights have the roadmap to doing so.

ROOT FOR WHOLE WOMEN’S HEALTH IF:  You a pro-choice advocate who doesn’t trust the government to follow directions on abortion, and/or admit defeat.

ROOT FOR TEXAS IF:  You are a pro-life advocate living in the middle of no where.

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