SCOTUS Hands Down Major Abortion Ruling

The Supreme Court ruled that Texas abortion clinic restrictions
were unconstitutional, a major win for abortion rights activists.
Image: Eric Cox Photography

The Supreme Court of the United States handed a significant victory to abortion rights advocates when it ruled that Texas abortion clinic restrictions were unconstitutional. The restrictions, collectively known as HB 2, called for standards that could not be met by some clinics and doctors, resulting in the closure of 20 of the state’s 40 clinics. Texas lawmakers hold that the restrictions were created to protect women’s health, but opponents argued successfully that they were created to reduce access to abortion, since the state could not outlaw the practice.

SCOTUS agreed, with a 5-3 majority finding that the restrictions served no medical purpose, based on evidence and argument. The state of Texas was not able to furnish evidence that abortions constituted any significant threat to women’s lives. The restrictions simply got in the way of women’s constitutional rights to seek an abortion.

The ruling is significant because Texas is not the only state with laws like this, or which is considering passing laws of this nature. Following Roe v. Wade, it became impossible for states to outlaw abortion, and in the last decade or so, anti-abortion advocates have moved toward blocking access, primarily by developing requirements for clinics or doctors that make it impossible to practice. Such requirements include proximity or admitting privileges to hospitals, or demanding certain construction requirements that do not apply to other medical facilities.

Although this ruling does not inherently invalidate the laws in other states, it does provide a precedent to which others can point when challenging the constitutionality of those laws. It would be safe to assume that such laws will come under fire across the country in the near future, as abortion advocates seek to dismantle the arbitrary rules put in place to restrict access. Whether or not anti-abortion advocates will be able to adapt their own tactics to this new twist remains to be seen.