The U.S. Supreme Court Monday struck down two provisions of a Texas law aimed at restricting where abortions could be performed in the state and putting restrictions on the person who would perform them.
The court on Monday ruled 5-3 saying that two provisions in a 2013 Texas law place an undue burden on women exercising their constitutional right to abortion. The law, passed in 2013, required abortion providers to have admitting privileges a hospitals near clinics, and forced abortion clinics to upgrade to “hospital-grade” facilities.
The decision was the first major abortion ruling for the high court since 2007.
Here's what the case -- Whole Woman's Health v. Hellerstedt – is about.
What was the law?
Texas passed a law in 2013 called H.B. 2 that said, in part, doctors performing abortions must have admitting privileges at hospitals within 30 miles of abortion clinics; that medication-induced abortions, ones that involve taking medication to end a pregnancy, cannot be administered through video-conferencing; that all procedures, including "medication abortions," must take place in ambulatory surgical centers – meaning clinics must upgrade their facilities to “hospital-grade” standards; and that abortions 20 weeks post-fertilization are banned except in certain circumstances.
Who brought the case against H.B. 2?
Whole Woman's Health, an abortion provider network with clinics in Texas, New Mexico, Maryland, Minnesota and Illinois, was the lead petitioner in the case. The Center for Reproductive Rights was also a petitioner on behalf of four abortion clinics in Texas. There have been amicus curiae – “friend of the court” – briefs filed by Planned Parenthood, the ACLU and others. Amicus briefs are filed in conjunction with a lawsuit by someone who is not a party to the suit, but offers information that bears on the case.
See a timeline of Whole Woman's Health v. Hellerstedt
What’s the history of the case?
The law, H.B.2, was passed in July, 2013. It began to be enforced in September of that year. Shortly after, Planned Parenthood and other providers and advocates for providers challenged the constitutionality of two provisions in law – that physicians must have admitting privileges in hospitals within 30 miles of clinics, and that clinics must meat “hospital-grade” standards for facilities.
The next month, a U.S. district judge blocked the state of Texas from enforcing the admitting provisions part of the law. In March of 2014, the U.S. Court of Appeals for the 5th Circuit reverses that district court ruling, permitting the law to take effect.
In April 2014, a new complaint is filed, and in August, 2014, a district judge again rules the admitting privileges and “hospital-grade” standards are unconstitutional. In October, 2014, the 5th Circuit again reverses the district court decision and allows implementation of both new regulations. The U.S. Supreme Court intervenes and blocks part of the order so the hospital-grade standards provision does not go into effect.
In June 2015, the 5th Circuit reverses the ruling by the district judge in April 2014, saying the judge should have deferred to the state’s stated health and safety goals.
The Supreme Court ruled 5-4 to put a temporary hold on that ruling to consider the appeal. In November 2015, the U.S. Supreme Court agrees to hear the case.
What do opponents of the law say?
Abortion rights advocates say the Texas law, HB-2, effectively makes it impossible to operate a clinic in Texas because of the new restrictions. The Center for Reproductive Rights said that only a handful of clinics – nine or 10 – could remain open under the restrictions.
What do supporters say?
Supporters say the law aims to protect women’s health by having advanced equipment, or a nearby hospital, ready in case of complications from the procedure.
Who does this effect?
The ruling immediately effects women seeking abortions in Texas, Louisiana and Mississippi – the states under the jurisdiction of the 5th Circuit Court of the Appeals. However, with this ruling, states across the country could see challenges to restrictions on abortions.
How many abortions are performed each year in the U.S.?
The United States has seen a decline in the rate of abortions during the past 20 years. According to the Guttmacher Institute, there were 1.1 million abortions in 2011, the latest year for which numbers are available. The rate is roughly 16.9 abortions per 1,000 women ages 15 to 44. Twenty-seven states require a mandatory waiting period after pre-abortion counseling before women can have the procedure. Texas is one of those states.
About the Author
