Texas Abortion Case Before Supreme Court Could Affect Ga

Mar 06, 2016, 09:31

Texas abortion clinics were in court to challenge two provisions of that law: That all abortion providers have admitting privileges at local hospitals and that abortions only take place in expensive ambulatory surgical centers.

The law requires clinics to operate more like surgery centers and have doctors with admitting privileges at nearby hospitals.

Texas says the law is meant to raise the standard of care for abortion, not prevent the procedure entirely.

Aware of the stakes, the three women on the court took a lead role and said it was obvious to them that the Texas lawmakers had singled out abortion clinics for unduly strict regulations.

The attorney for the plaintiff, Whole Woman's Health, Stephanie Toti claimed that the law's imposition was "not justified medically and had forced the closure of half or about 20 clinics in Texas, making it harder for women to obtain abortions".

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As the U.S. Supreme Court heard oral arguments in a controversial abortion case Wednesday, abortion supporters and opponents gathered in front of the building to protest. If the court is split 4-4 without the late Justice Scalia's vote, Texas's law will go into effect, and similar laws in 24 other states will likely be allowed to stand.

It does seem possible that Justice Anthony Kennedy, who likely holds the deciding vote, would seek to have the case returned to Texas for additional fact finding which would delay a decision on the case until next year at the earliest.

In 1992, he helped draft a ruling that struck down state restrictions that imposed an "undue burden" on a woman seeking an abortion.

If Kennedy joins the liberals to make a five-member majority, it will have national implications, cutting off what abortion opponents had seen as a promising way to make abortion more rare.

Justices Ginsburg, Kagan and Sotomayor were more clear about their feelings on the case, frequently sparring with Keller over his argument that HB2 is created to protect women's health. They said if there is evidence proving the existing Texas clinics that meet the state's regulations have increased capacity to perform abortions, it would show the law has provided a beneficial effect.

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During Wednesday's hearing, the four liberal justices expressed opposition to the law, Reuters reported. Pressed by Ginsburg, Keller acknowledged that was a complication rate of less than 1 percent of the state's 70,000 abortions, but said the state still could act to make abortion safer.

Since the Republican-backed regulations was passed in 2013, many abortion clinics in Texas have closed.

Conservative Justice Samuel Alito indicated support for the regulations and referred to evidence that abortion facilities in Texas "have been cited for really appalling violations when they were inspected: holes in the floor where rats could come in, the lack of any equipment to adequately sterilize instruments". As usual, Associate Justice Clarence Thomas did not ask any questions. "However even now we still depend upon him to side with the other three conservative Justices to have a four-four tie", Seago said.

Justice John Roberts is on the record as feeling strongly about abortion, Lithwick says, so it's not a simple case for him to "flip" on.

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