SCOTUS could decide future of abortion

Published November 13, 2015 7:40pm ET



The Supreme Court will take up a case on abortion rights for the first time in nearly a decade.

The case will have major implications on the practice of abortion across the country, as the court will weigh in on whether a Texas law creates a substantial obstacle to women seeking an abortion.

Texas passed one of the strictest abortion laws in the country in 2013 that calls for physicians who practice abortions to have admitting privileges at a nearby hospital. In addition, abortion clinics have to meet strict standards set for ambulatory surgical centers.

Several abortion clinics sued Texas shortly after the law was passed, arguing that the law creates an “undue burden” on women attempting to get an abortion. That would be in violation of a 1992 court decision called Planned Parenthood v. Casey.

The court declined to hear an appeal of a similar abortion law in Mississippi.

The justices will decide whether the Fifth Circuit Court of Appeals erred in concluding that the law’s requirements were valid.

Texas argued in court filings that if the admitting privileges take effect there will still be 10 facilities in Texas that perform abortions and comply with the surgical center requirement. The state argues the law raises the standard of care for abortion patients.

Pro-life advocates cheered the Supreme Court decision to take up the case.

“Abortion advocates often equate access to abortion with women’s health, but sadly are willing to lower the bar on abortion clinic standards,” said Jeanne Mancini, president of anti-abortion group March for Life’s Education and Defense Fund. “Today the Supreme Court made the right decision to hear this case and will hopefully let logic and reason prevail in their final decision.”

But pro-choice advocates were not as pleased, obviously, with the group NARAL Pro-Choice America calling the Texas law an “outright attack on women.”

However, NARAL was looking at the silver lining of the Supreme Court taking up the case.

“The court now has the opportunity to decide whether we will continue to allow elected officials to play politics with women’s health,” noted the group’s president, Ilyse Hogue.

The last time the court ruled on abortion rights was in 2007 when the court upheld a ban on late-term abortions.