In a 5-3 decision Monday, the Supreme Court struck down two abortion restrictions in a Texas law, known as HB 2, that would have shut down dozens of clinics across the state. It mandated that abortions take place in ambulatory surgical centers, or mini hospitals, instead of regular clinics.
The ruling in Whole Woman’s Health v. Hellerstedt represents the most significant victory for abortion rights at the high court since the turn of the century, as states have scrambled to pass and defend similar laws across the country, seeking to chip away at the landmark Roe v. Wade, reported The Huffington Post.
Justice Stephen Breyer who delivered the opinion of the Court said the two Texas laws at issue in the case are unconstitutional.
“We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes,” he wrote. “Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access, and each violates the Federal Constitution.”
Advocacy groups hailed the Supreme Court decision. Candace Bond, Policy Counsel, Reproductive Rights/Health/Justice, National LGBTQ Task Force said, “Abortion rights are LGBTQ rights, and today’s historic decision reaffirms one of our most important constitutional freedoms. The opinion is an outright win for reproductive justice. Clearly the Texas law in question was not only morally wrong but was legally an undue burden.”
César J. Blanco, Latino Victory Fund interim director, who called the decision a big win said, “Today is a historic victory for women, for organizations like Planned Parenthood and many others who fought tirelessly for women’s health, and for the right of women to make their own health decisions. This is especially a win for the 2.5 million Latinas of reproductive age in Texas who were disproportionately affected by HB2 and who face great barriers to access health services because of their immigration status, poverty, lack of transportation or childcare, or because they can’t afford to take time off from work.
“The court made clear that HB2 was nothing but a political maneuver and overreach to place restrictions on abortion providers, making abortions less safe and less accessible for women throughout the country.
“While today is a big win, the fight to protect access for women’s health services isn’t over. Donald Trump made it clear he wants to take away women’s right to make their own health decisions. We must ensure that Trump doesn’t make it anywhere close to the White House and that our next president is someone who supports a woman’s constitutional right to make her own health decisions.”
