Whole Woman’s Health et al v. Hellerstedt, Commissioner, Texas Department of State Health Services, et al

United States of America

27.06.2016

Human Rights

US Supreme Court strikes down Texan law obstructing abortions

The Supreme Court of the United States of America overturned Texan law that sought to reduce reach of abortion clinics in the state.

Two provisions of House Bill 2 were challenged before the Court: first, the “admitting privileges requirement”, which required physicians performing abortions to have “active admitting privileges at a hospital” no more than 30 miles from the abortion facility, and; second, the “surgical-center requirement” required an abortion facility to meet the minimum standard for ambulatory surgical centres. The law would have had the effect of suspending abortion activity at most small clinics in the state.

The Court refused to dismiss the matter res judicata, holding instead that whereas in the earlier case of New Hampshire v. Maine, the claims were the same, the instant case rested upon concrete factual developments that occurred once enforcement started.

It determined the law to have placed “a substantial obstacle in the path of women seeking a previability abortion” and constituted an undue burden on abortion access - in violation of the Constitution.

The decision of a lower court was tweaked to reflect that a district court could not consider medical benefits when deciding a question of undue burden, instead it had to consider the burden imposed by law on abortion access with the benefits the laws conferred.

Tags : usa texas abortion clinics

Share :