Nearly 175 Republican members of Congress have asked the Supreme Court to uphold Texas’ sweeping new abortion regulations in a brief filed with the court Wednesday.
The court should uphold the 2013 law because it represents reasonable safety regulations for women, says the amicus brief, signed by 34 senators and 140 House members. The court is scheduled to hear oral arguments in the closely watched case Whole Woman’s Health v. Hellerstedt on March 2.
The Texas law, which has temporarily been blocked until the Supreme Court rules on it, requires abortion providers to meet higher facility standards applied to ambulatory surgical centers and to get hospital admitting privileges. It’s widely recognized to have prompted dozens of abortion clinics to shutter around the state.
Opponents of the law say it’s a thinly veiled attempt to force clinic closures, while supporters argue they’re trying to hold facilities to higher standards. The brief from congressional Republicans refers to the infamous abortion provider Kermit Gosnell, who in 2011 was charged with the murder of eight infants at his Pennsylvania clinic.
“The ambulatory surgical center requirements help ensure that when regulators do inspect abortion clinics, they will be able to identify problems with the facilities before they fall into the 16 deplorable conditions that the Gosnell case shows are possible,” the brief says.
Sens. Ted Cruz of Texas and Marco Rubio of Florida, who are competing closely for the GOP presidential nomination, signed onto the brief. Abortion rights proponents who oppose the legislation are opposing women’s health, Cruz said in a statement.
“Even this common-sense regulation for the protection of women is too much for the abortion lobby, which has challenged the regulation all the way to the Supreme Court,” Cruz said. “For the most zealous abortion advocates, nothing — not even women’s health — can be allowed to stand in the way of abortion-on-demand.”
“By requiring abortion clinics to be held to the same standards as other medical facilities, the Texas law protects the health of both the mother and child,” said Senate Majority Whip John Cornyn. “Upholding this law is important not just for the well-being of women and children in Texas, but to preserve the right of states to pass laws that are in the best interests of its citizens.”
