Supreme Court allows Texas to keep enforcing abortion restrictionsNovember 20, 2013
A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state’s clinics to stop providing abortions.

The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The court’s conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect.

The four liberal justices dissented.

The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.

Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.

The Texas Legislature approved the requirement for admitting privileges in July.

In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a “substantial obstacle” in front of a woman wanting an abortion.

But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an “undue burden” on a woman’s ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.

Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so “unless that court clearly and demonstrably erred,” Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.

Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues.

Planned Parenthood and several Texas abortion clinics said in their lawsuit to stop the measure that it would force more than a third of clinics in the state to stop providing abortions. After the appeals court allowed the law to take effect, the groups said that their prediction had come to pass.

In their plea to the Supreme Court, they said that “in just the few short days since the injunction was lifted, over one-third of the facilities providing abortions in Texas have been forced to stop providing that care and others have been forced to drastically reduce the number of patients to whom they are able to provide care. Already, appointments are being canceled and women seeking abortions are being turned away.”
Full article

Supreme Court allows Texas to keep enforcing abortion restrictions
November 20, 2013

A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state’s clinics to stop providing abortions.

The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The court’s conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect.

The four liberal justices dissented.

The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.

Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.

The Texas Legislature approved the requirement for admitting privileges in July.

In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a “substantial obstacle” in front of a woman wanting an abortion.

But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an “undue burden” on a woman’s ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.

Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so “unless that court clearly and demonstrably erred,” Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.

Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues.

Planned Parenthood and several Texas abortion clinics said in their lawsuit to stop the measure that it would force more than a third of clinics in the state to stop providing abortions. After the appeals court allowed the law to take effect, the groups said that their prediction had come to pass.

In their plea to the Supreme Court, they said that “in just the few short days since the injunction was lifted, over one-third of the facilities providing abortions in Texas have been forced to stop providing that care and others have been forced to drastically reduce the number of patients to whom they are able to provide care. Already, appointments are being canceled and women seeking abortions are being turned away.”

Full article

  1. themodernrevolutionary reblogged this from pontmercied
  2. pontmercied reblogged this from lalondes
  3. mellydraws reblogged this from reagan-was-a-horrible-president
  4. curvedroygbiv reblogged this from reagan-was-a-horrible-president
  5. scifigamingmom reblogged this from generalbriefing
  6. shirts-tops-tees reblogged this from systematicgenocide
  7. entropyoftheuniverse reblogged this from systematicgenocide
  8. systematicgenocide reblogged this from thepeoplesrecord
  9. 0tracas reblogged this from bob92zinn
  10. dolokhovs reblogged this from lalondes
  11. smallest-bob-of-all reblogged this from lesbipocalypse
  12. beyondxy reblogged this from thepeoplesrecord
  13. plures reblogged this from logicalabsurdity and added:
    This is disgusting. I am just utterly stunned at some of the horrible decisions that the Supreme Court have been coming...
  14. ezzqueezy reblogged this from rhrealitycheck
  15. bored-outof-my-mind reblogged this from gothicegg
  16. veganfeminism reblogged this from thepeoplesrecord
  17. bathtubbuccaneer reblogged this from iamsupergeeky
  18. goodollonestar reblogged this from thepeoplesrecord
  19. gothicegg reblogged this from cingulata
  20. cingulata reblogged this from rhrealitycheck
  21. iamsupergeeky reblogged this from laughterkey
  22. fromtheashirise reblogged this from rhrealitycheck
  23. logicalabsurdity reblogged this from rhrealitycheck
  24. nitoriaiichirou reblogged this from rhrealitycheck
  25. activistaddict reblogged this from rhrealitycheck
  26. drst reblogged this from rhrealitycheck
  27. rhrealitycheck reblogged this from thepeoplesrecord
  28. elsfed reblogged this from kiranirvanna
  29. hellolovelyscientist reblogged this from aboriginalnewswire
  30. skeletonsspine reblogged this from truehorrorshow
  31. thevalidfallacy reblogged this from the-butterfly-3ffect
  32. justarocknrollsuicide reblogged this from reagan-was-a-horrible-president
  33. art-or-choke reblogged this from kiranirvanna
  34. thisweekinpoliceviolence reblogged this from thepeoplesrecord
  35. dahliadolly reblogged this from thepeoplesrecord