In a 5-3 ruling, the Supreme Court threw out a controversial Texas abortion access law.
Supporters of abortion rights argued the law would only have allowed a few clinics to stay open in the state.
The law, known as HB-2, had required doctors who performed abortions to have admitting privileges at nearby hospitals. It also had required clinics to meet hospital-like standards for outpatient surgery. The law had forced more than half of Texas clinics to close.
For the landmark decision, Justice Stephen Breyer wrote the majority opinion. He was joined by Justice Anthony Kennedy, a swing vote. According to CNN, this decision is the first look at abortion in nearly 10 years and the most consequential abortion case in nearly 25 years.
Disappointment or tears of joy: Strong reactions to abortion ruling on the front lines in Texas https://t.co/f6ceglBu50
— CNN (@CNN) June 27, 2016
Breyer wrote the restrictions burdened women seeking abortions, instead of protecting them: “There was no significant health-related problem that the new law helped to cure,” he wrote. “We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an ‘undue burden’ on their constitutional right to do so.”
Justice Ruth Bader Ginsburg wrote a brief concurring opinion that focused on what she referred to as women in “desperate circumstances.”
She wrote: “When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety.”
Thousands of women took to social media to comment on the controversial decision. Facebook user Ruby Olsen made this comment: “I’m old enough to remember the consequences of illegal abortions. I cannot think anyone would wish to return to those times.”
In 1973, the Roe V. Wade decision made abortion legal, but gave states the right to regulate the practice as long as there wasn’t an “undue burden” placed on women as a result.
In recent years, the issues around illegal abortions had been explored briefly in Tyler Perry’s “For Colored Girls”, which was based on American playwright and poet Ntozake Shange’s 1975 stage play, for colored girls who have considered suicide / when the rainbow is enuf.
Abortion in America: It's an issue that's more complex than you think https://t.co/Cyr5QS1Kau pic.twitter.com/3a6OdUOeew
— CNN (@CNN) June 27, 2016
According to CNN, officials of the CDC state they have not experienced an increase in abortions being reported to them. Additionally, there is no clear racial or religious divide among women who have abortions.
But one concern some have is around late-term abortions. Those of the American Pregnancy Association state, “The earliest accepted time of viability is at 24 weeks gestation, in the back half of the second trimester.” It also been reported that these are rare.
Pro-life demonstrators express their position in Texas. (Photo: iStockhoto)
In a broadcast, MSNBC’s Pete Williams said at least 12 other states have similar laws enacted, including Louisiana, Mississippi and Wisconsin. In Wisconsin, Republicans passed a similar law regarding admitting privileges in 2013. However, it was struck down by the 7th Circuit Court of Appeals in 2015. Wisconsin attorneys petitioned the Supreme Court to reverse that decision.
Even with the passing of the significant decision, the dividing line around abortion is still blatant. A Gallup Poll revealed half of U.S. voters identify themselves as pro-life.
It also signals the empty seat on the bench left by the death of conservative U.S. Supreme Court Justice Antonin Scalia — though both the upcoming presidential election and the open seat do not mean the Supreme Court would always wind up in a 4-4 vote. For example, if Republicans were to name the replacement, the court could possibly rule 5-4 against abortion restrictions. And if the next President were Democrat, the majority could be even larger.
This major Supreme Court ruling is possibly only the beginning of more issues and decisions around abortion that are to come.
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