Texas Abortion Limits Struck Down by U.S. Supreme Court

[kpete]

Last edited Mon Jun 27, 2016, 02:42 PM - Edit history (4)

Source: Bloomberg

A divided U.S. Supreme Court struck down a Texas law that had threatened to close three-quarters of the state’s abortion clinics by putting new requirements on facilities and doctors.

The 5-3 ruling is the court’s first abortion decision in almost a decade. It invalidates a law that required clinics to meet hospital-like surgical standards and forced abortion doctors to get admitting privileges at a local hospital.

Texas said the rules safeguarded patient safety, while opponents said the real aim was to reduce access to abortion

Read more: http://www.bloomberg.com/politics/articles/2016-06-27/texas-abortion-limits-struck-down-by-u-s-supreme-court

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SCOTUS slams Texas for failing to show evidence of "even one woman" receiving better treatment under abortion law:

Second holding: Both the admitting privileges and surgical center requirements place a substantial obstacle in the path of women seeking a previability abortion, constitute an undue burden on abortion access, and thus violate the Constitution.
http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_27_2016/289547136

RBG’s Concurrence:

The Texas law called H. B. 2 inevitably will reduce the number of clinics and doctors allowed to provide abortion services. Texas argues that H. B. 2’s restrictions are constitutional because they protect the health of women who experience complications from abortions. In truth, “complications from an abortion are both rare and rarely dangerous.” Planned Parenthood of Wis., Inc. v. Schimel, 806 F. 3d 908, 912 (CA7 2015). See Brief for American College of Obstetricians and Gynecologists et al. as Amici Curiae 6–10 (collecting studies and concluding “abortion is one of the safest medical procedures performed in the United States”); Brief for Social Science Researchers as Amici Curiae 5–9 (compiling studies that show “(c]omplication rates from abortion are very low”). Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatorysurgical-center or hospital admitting-privileges requirements. See ante, at 31; Planned Parenthood of Wis., 806 F. 3d, at 921–922. See also Brief for Social Science Researchers 9–11 (comparing statistics on risks for abortion with tonsillectomy, colonoscopy, and in-office dental surgery); Brief for American Civil Liberties Union et al. as Amici Curiae 7 (all District Courts to consider admitting privileges requirements found abortion “is at least as safe as other medical procedures routinely performed in outpatient settings”). Given those realities, it is beyond rational belief that H. B. 2 could genuinely protect the health of women, and certain that the law “would simply make it more difficult for them to obtain abortions.” Planned Parenthood of Wis., 806 F. 3d, at 910. When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety. See Brief for Ten Pennsylvania Abortion Care Providers as Amici Curiae 17–22. So long as this Court adheres to Roe v. Wade, 410 U. S. 113 (1973), and Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992), Targeted Regulation of Abortion Providers laws like H. B. 2 that “do little or nothing for health, but rather strew impediments to abortion,” Planned Parenthood of Wis., 806 F. 3d, at 921, cannot survive judicial inspection.

http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf



Thomas quotes Scalia to kick off his dissent in TX abortion case

http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf

Hillary’s statement from her FB page:

The Supreme Court’s decision striking down Texas’s dangerous, politically-motivated, anti-abortion laws this morning is a victory for women not just in Texas, but across America. By overturning restrictions that made it nearly impossible for Texans to exercise their full reproductive rights, the Court has rightfully upheld every woman’s fundamental right to safe, legal abortion, no matter where she lives.

To everyone who flooded the Texas Capitol to speak out against these attacks on women’s health, to the brave women and men across the country who shared their stories, and to the health care providers who fought for their patients and refused to give up: this victory belongs to you. I applaud you, and I thank you.

But our fight is far from over. In Texas, throughout the South, and across the country, a woman’s constitutional right to make her own health decisions is under attack. In the first three months of 2016, states introduced more than 400 measures restricting access to abortion. We’ve seen a concerted, persistent attack on women’s health and rights at the federal level. Meanwhile, Donald Trump has said women should be punished for having abortions—as if women, particularly low-income women and women of color, didn’t already face enough barriers to exercising their basic rights. He also pledged to defund Planned Parenthood and appoint Supreme Court justices who would overturn Roe v. Wade.

Today’s decision is a reminder of how much is at stake in this election. We need a president who will not only defend women’s health and rights—including appointing Supreme Court justices who recognize Roe v. Wade as settled law—but expand them, by overturning the Hyde Amendment, protecting funding for Planned Parenthood, and building on the Affordable Care Act and its benefits for women’s health. Above all, today and every day, we need to continue to protect access to safe and legal abortion—not just on paper, but in reality.


https://www.facebook.com/hillaryclinton/posts/1175666352489892

https://twitter.com/kylegriffin1/status/747463209636986880

[Brickbat]

2. FUCK YEAH.

[rpannier]

3. It'd have been 6-3 (will be 6-3)

When the Senate gets off its lazy, partisan butts and does the job they're supposed to be doing

[cstanleytech]

10. It has nothing to do with them being lazy they are simply wanting to stack the deck and the

reason they probably objected to Garland isnt because he isnt conservative enough its that they probably want someone whos probably around 38 to 45 that way they can secure the position on the court for decades to come.

[christx30]

26. Exactly. And just after Scalia died

I was reading on other sites and the most common thing I read was "I don't care if Hillary wins this year. We're not going to allow a new justice to be seated until we have a republican president. Even if that's 2021."
It's nothing about what would be best for the country. It's about them getting a victory, no matter the cost.

[Stonepounder]

66. And just wait until Hillary gets to make a recess appointment. n/t

[leftynyc]

4. AWESOME news

And Scalia's vote wouldn't have mattered.

[Blue_Adept]

5. Thank goodness!

[jpak]

6. FU TX GOP

yup

[RussBLib]

14. I wonder what deceitful, despicable tactic they will come up with next

These fucktards don't quit, and they are quite certain they have the backing of the Holy Spirit on their side.

[pablo_marmol]

86. I worry about violence. NT

[Human101948]

15. This won't stop them...

They are now claiming that they don't have to follow the Supreme Court.

Nullification, Now Coming to the Supreme Court?
Mike Huckabee suggests that if the justices rule that gay-marriage bans are unconstitutional, states don't need to listen.

http://www.theatlantic.com/politics/archive/2015/01/nullification-now-coming-to-the-supreme-court/384704/

[dixiegrrrrl]

40. Ask Alabama's Chief Justice Roy Moore how well that is working for him to ignore the law.

For those who might not know, he, the highest Judge in the state, has told state judges to ignore the Federal Gay Marriage Act.
some of them are ignoring it, others are just refusing to marry anyone ( which they have a right to do).

[James48]

7. Opinion

full opinion here:


Abortion restrictions in Texas Found unconstitutional.


Full Opinion:
http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf

[rpannier]

19. Great Minds Go to the Same Source

I posted the link as well

Kennedy must have been #5
Though scrolling through I can't find it
Alito's dissent is really, really, really long
Will take me a while to read it

[Kelvin Mace]

8. Finally,

some good news.

[ehrnst]

9. Kick and rec! (nt)

[BlueMTexpat]

11. YES!!!

[Dustlawyer]

12. K&R!!!

[no_hypocrisy]

13. Thank you Wendy Davis. You started the ball rolling!

[hamsterjill]

33. +1

Absa-fucking-lutely!!!

Wendy!!!!!!

[rurallib]

43. thought of those shoes right off.

[ananda]

55. Indeed!

Thank you Ms. Davis and all the women who seek
freedom!

[spooky3]

65. I bought a pair during her filibuster--will wear them today!

[suffragette]

70. Never doubt the determination of a woman in tennis shoes to stand up for rights.

We have a strong example up here in WA state, too.


https://en.m.wikipedia.org/wiki/Patty_Murray

As a citizen-lobbyist for environmental and educational issues, she says she was once told by a state representative that she could not make a difference because she was just a "mom in tennis shoes". The phrase stuck, and she later used it in her successful campaigns for Shoreline School District Board of Directors (1985–1989), Washington State Senate (1989–1993), and United States Senate (1993–present). Murray was successful in gathering grassroots support to strike down proposed preschool program budget cuts.

[rpannier]

16. Breyer wrote the opinion

Ginsburg wrote a short concurring
Thomas wrote a dissent
Alito wrote a LOOOOOOOOOOOOOOOOOOOOOONG dissent

http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf

I think the read will be interesting (for me at least)

[appal_jack]

46. Scam-y'all Scalito is lower than whale poo.

Scalito's dissent will be a horrid twisting of logic, I am sure.

That man apparently wants to use the Bill of Rights as toilet paper. He has no place on this court.

Huge K&R for the majority decision, and many thanks to all the women and men who fought for these rights, in the streets and the court room both.

-app

[meow2u3]

59. Scam y'all Scalito! DUzy!

Good one!

[wryter2000]

17. OMG

I'm old enough to remember before Roe v. Wade. It's been terrifying to watch our ability to control our own bodies erode. Does anyone know who was #5?

Edited: appears to be Kennedy.

[hamsterjill]

35. I'm old enough to remember prior to RvW, too.

It's frightening to me, as well, and I must say, that I was pleasantly surprised at the court's response this morning. I figured it would be one more nail in the coffin that is women's rights, and it was not.

[Sweetey1014]

18. S W E E T !

[Lunabell]

20. Dayum!

This is great news!!!!1

[Raissa]

21. Yes!

[Greybnk48]

22. This is yuuuuuuge!

Walker has pulled this crapola in Wisconsin too, so suck it Scottie. The misogynists don't win this time!

[frazzled]

23. I love it when they say "faute de mieux"!

Thank you, RBG and the other 4 justices.

[iandhr]

24. Excellent

https://m.

[Surya Gayatri]

25. 5-3 decision that will likely wipe out equally onerous laws in other states...Yippppeeeeeee!

[elljay]

42. Likely only on those two specific requirements

Haven't read the decision yet but, unless the SCOTUS made some broader ruling, this will be limited to the two challenged restrictions. The Republicans will simply shift to others, the ACLU and PP will keep litigating and women will continue to suffer.

[Surya Gayatri]

48. Oh, it's only one battle won, of course. The war against women

continues apace.

Still, it IS reason to rejoice. This was an expensive set back for them, and it will at least slow down similar attempts in other states.

[Proud Public Servant]

27. Shout out to my kid (not a threadjack)

Last November my my awesome, progressive, feminist daughter was recruited to work exclusively on this case for a major advocacy group. Today she opens the champagne (eventually -- she's going to have a long day). A toast to her, The SCOTUS liberals, and the rights of women everywhere.

[hamsterjill]

31. Please give your daughter my thanks.

I know this victory was on the backs of a lot of hard workers.

I appreciate them so very much!

[no_hypocrisy]

37. Please thank your daughter for me!

She makes all of us proud!

[mercuryblues]

61. you deserve a thread jack

in honor of your kid! Thank her and all the others who worked so hard to protect women's rights. It is a shame this is only one step in a long flight of stairs to climb.

[hamsterjill]

28. YES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Made my Monday morning!!!!!!

Signed,

Texas Feminist!!!

[CincyDem]

29. Maybe this is just because I know who wrote each brief but...

...the difference in quality of these two excerpts really stands out. RBG's feels like a forceful argument of fact. CT's feels like a whine. Not only in content but in style.

Guess I shouldn't be surprised not that Scaila's not around to edit his homework.

[katmondoo]

34. If Scalia were still alive there would have been a different outcome

Totally unfavorable.

[no_hypocrisy]

38. I agree with you. Kennedy would've succumbed to Scalia's pressure to vote the other way.

[SunSeeker]

30. Wonderful! Oh, and fuck you Clarence Thomas. nt

[Orrex]

32. This will have catastrophic consequences

Women might get the idea that they have the right to control their own bodies, and where the heck will that leave us?



I'm very pleased that the SCOTUS got this right and scored a majority ruling rather than simply splitting 4:4. I hope that we'll see the positive repercussions ripple through other states as well as Texas.


k/r!

[niyad]

50. yes, how DARE women think they are actually human beings with full autonomy!!

THE NERVE!!

[Orrex]

51. Chaos and anarchy

I wonder how this would have gone if the Scalia were still alive. I hope that would still have been 5:4, but I fear that his vile presence and and disgusting influence might have swung it the other way.

[niyad]

52. I think you are correct about his disgusting influence.

[progressoid]

36. Woo hoo!

[calimary]

39. YES YES YES YES YES YES YES!!!!!!!!!!!!!!

SO cool to see that the Court went decisively this way - DESPITE all CON efforts to hobble the court by refusing even to hold hearings on that ninth justice nominee! It was DECISIVE.

We STILL got a majority on this, in spite of those bastards in the Senate!

In spite of those bastards in the republi-CON party!!!

And I heard in the coverage this morning that this ruling really gives a punch to the gut of other states' efforts to build on the damage this Texas law did to women to further hobble OUR right to decide what happens to OUR bodies.

[AntiBank]

41. Trexit demands from the Teathuglicans there in 3, 2, 1...

[rurallib]

44. First thoughts are my daughters and our friends at Planned Parenthood

One daughter spent 3 years in the beast known as Mississippi when they were trying to pass a personhood law. She was scared that if she got pregnant and had complications what would she do?

[TomCADem]

45. Kagan, Sotomayor, Breyer and Ginsburg Were Appointed By Democrats!

Lets keep in mind the importance of the upcoming election.

[mrr303am]

47. Shocked and Awed - was expecting a 4-4 split!

[niyad]

49. about damned time!!

[floriduck]

53. SCOTUS did its job. Thank goodness.

[left-of-center2012]

54. As a guy, I say this ...

Why do some men think they have to, or have a right to, regulate women's health!!!!
How would we men like it if women decided if and when we had vasectomies or bought Viagra?

[mrmpa]

56. Just gave this info to my 86 year old mom her response.......

That's fantastic!

Between 1953 and 1955 my mom had 2 miscarriages. Her doctor gave her a diaphragm (in a brown paper bag), because he thought she was getting pregnant too quickly. Both she and the doctor could have gone to prison for this.

We've come a long way since then, we don't want to go back.

[Eleanors38]

57. Good news. The women at the coffee shop I'm in here didn't know what Roe v Wade meant.

I had to give 'em my back-in-the-day history lesson. Everyone must keep fighting on this one.

[Feeling the Bern]

58. Ginsburg will retire, Kennedy will retire, possibly Breyer too. . .and I heard rumblings that

Thomas might step down too (OH PLEASE, PLEASE, PLEASE). So, the next president will probably nominate four to five SCOTUS justices!

As much as I wanted Bernie, we need a Democrat in the WH and a House and Senate that is controlled by the Democrats!

Then maybe we can start undoing all the shit the Retchquist and Roberts stained our country with with a Court that will be, at minimum 6-3 Democratic appointees and at most 7-2 if Justice Oops retires.

[StevieM]

62. I can't imagine that Clarence Thomas will step down, at least not without a GOP president.

I suppose Kennedy could step down at some point.

If we can replace Scalia, and also fill Breyer and Ginsberg's seats, then we can secure the court for at least the next 20 years.

But yeah, I would love to have some margin for error and an extra seat or two.

[mountain grammy]

60. So, usually women, who are more than half the population,

receive desired health care only with the blessings of male dominated legislatures and courts, finally get a favorable ruling from 5 justices, 3 who look like the majority of the American population. Time for another woman on the Court!

[BlancheSplanchnik]

63. THANK REASON!!! BRAVA!!!!

[mercuryblues]

64. Texas and other states

have more laws that need to go.


When prayers are your only legal medical options for a failed pregnancy.

http://www.politicususa.com/2016/04/01/cruel-texas-republicans-force-women-deliver-dead-babies.html

The Mahaffey family were desperate for a child and had been praying incessantly for a baby. But when 20-week pregnant Taylor learned her fetus suffered a severe complication with no possible chance of ever surviving, the young couple cried and then prayed for a humane end to their fetus’ suffering. In fact, doctors and the medical staff cried along with the Mahaffey’s; in part because of the couple’s disappointment and grief, and partly because Texas Republicans passed a law mandating that the mother and fetus had to suffer because they enacted a religion-based “fetal pain” law.

<snip>

The doctors told the couple “The only humane thing to do would be to pop the sack, and let the fetus come into the world and die.” However, due to the religious law the doctors were “forbidden to induce labor because in Texas it is considered an abortion,” and in Texas, abortion is illegal. They sent the couple home to either “wait for the fetus to die in utero,” or for the mother to begin “natural” labor so they could deliver the dead baby.

The religious couple prayed constantly for “a miracle that might end their baby’s suffering.” The husband was rightly worried his wife would hemorrhage to death and despite the mother had started bleeding, because the fetus’ heart still beat doctors could not legally interfere. This is going on while the woman was “just screaming at them to get the fetus out of her.”

The young woman suffered like that for four days and after her “waters broke” doctors delivered a dead, partially formed “baby.” Now, this cruelty is not down to the medical professionals in Texas; they desperately wanted to help relieve the religious couple’s suffering, but religious Republicans said no.

[sinkingfeeling]

67. Hurray!

[uppityperson]

68. Thank you for the good news

[Wounded Bear]

69. K & R ......for righteousness...

I'm actually surprised it wasn't a split court that left them in place.

And a hearty Fuck You to Senate Repubs who blocked appointing a new justice for partisan political reasons.

Once in a while, they get it right.

[diligent sleeper]

71. Great news

This is great news.

But its only treading water. Abortion access and rights need to be broadened.

https://therulingclassobserver.wordpress.com/2016/06/25/of-labels-the-doors-of-perception/

[William769]

72. Kick & so highly Recommended!

[Hekate]

73. KICK AND REC

[DirkGently]

74. One small step in the right direction! n/t

[lark]

75. Whoohoo for sanity and for women, especially for those in TX.

A swift kick in the seat of the pants to Thomas, who as usual is a complete jerk and totally dismissive of any harm to women this would cause.

[riversedge]

76. A great day for women.

[riversedge]

77. Gov Walker, WI is having a sad. WI has a similiar law up before the SC.

In Wisc 88 Retweeted
BadgerStew ?@BadgerStew 22m22 minutes ago

BadgerStew Retweeted Governor Walker

Dipshit governor thinks judicial branch isn't an equal pillar of govt & 5-3 Supreme Court rulings shouldn't count.

Governor Walker Verified account
?@GovWalker

Today's decision from a divided court is a prime example of activist jurists imposing their will on the people.





..........................


Wisconsin Strong ?@WisconsinStrong 31m31 minutes ago

Wisconsin Strong Retweeted WI AG Brad Schimel

Shorter @WisDOJ : I got nothing.

#wiright #wiunion #wipolitics


WI AG Brad Schimel Verified account
?@WisDOJ

My statement re: today's U.S. Supreme Court decision in case involving a Texas abortion law: http://ow.ly/qvpa301GoFq


Attorney General Brad Schimel Statement on U.S. Supreme Court Ruling in Whole Women’s Health v. Hellerstedt
Jun 27 2016

MADISON, WI – Attorney General Brad Schimel issued the following statement in response to the U.S. Supreme Court’s decision in Whole Women’s Health v. Hellerstedt:



“Today’s U.S. Supreme Court ruling on a Texas abortion law is disappointing and undermines the respect due to policy makers.


“Wisconsin is defending a similar law in a case before the Supreme Court and we expect a decision in the near future.”

[Hissyspit]

78. Wow, that Thomas dissent is just stupid.

[TexasBushwhacker]

79. May I suggest

Making a donation to Planned Parenthood today. They have some clinics to reopen!

[gademocrat7]

80. K&R!

[perdita9]

81. Clarence Thomas is a toad

If you have a right to a medical procedure, whatever procedure that is (abortion, wisdom tooth extraction, breast enhancement surgery), the government has no business trying to block your access to it. Their only role is to make sure the procedure meets certain safety standards.

I can't believe the argument Thomas made in his dissent. Whatever Law School gave this fool a diploma should be thoroughly ashamed of themselves.

[Spitfire of ATJ]

82. So much for trying to use the law of the land to put women in their place.

[AwakeAtLast]

83. The Pendulum is on the move

Woo hoo!

[Odin2005]

84. YAY!!!

[PatrynXX]

85. not sure if 5 to 3 fits the definition of divided

that would be a 4 to 4 ruling. Rather surprised it got to a 5 to 3 majority

[McCamy Taylor]

87. Hurray!

[burrowowl]

88. Whoopsie YaYay!

Good news!

[riversedge]

89. I concur