In a dramatic ruling, the Supreme Court on Monday threw out a Texas abortion access law in a victory to supporters of abortion rights who argued that if it had been allowed to go into effect it would have shuttered all but a handful of clinics in the state.
The 5-3 ruling is the most significant decision from the Supreme Court on abortion in two decades and could serve to deter other states from passing so-called “clinic shutdown” laws.
Justice Stephen Breyer wrote the majority opinion, which was joined in full by Justice Anthony Kennedy.
There were two provisions of the law at issue. The first said that doctors have to have local admitting privileges at nearby hospitals, the second says that the clinics have to upgrade their facilities to hospital-like standards.
Critics say if the 2013 law, known as H.B. 2, is allowed to go into effect it could shutter all but a handful of clinics in a state with 5.4 million women of reproductive age.
Texas countered that the law was passed in response to the Kermit Gosnell scandal. The Pennsylvania man was convicted in 2013 of first-degree murder for killing babies that were born alive in his clinic.
State Solicitor General Scott Keller argued in court papers that if the court were to uphold the law, an abortion clinic “will remain open in each area where one will close, meaning that over 90% of Texas women of reproductive age will live within 150 miles of an open abortion clinic.”
A federal appeals court upheld the Texas law in 2015, and last spring a majority of the Supreme Court voted to stay that ruling pending appeal. The four conservative justices at the time: Chief Justice John Roberts, along with Scalia, Clarence Thomas and Samuel Alito, publicly noted that they would have denied the stay.
Both U.S. Senators from Virginia released statements Monday morning after the ruling:
U.S. Sen. Tim Kaine:
“I applaud the Supreme Court for seeing the Texas law for what it is – an attempt to effectively ban abortion and undermine a woman’s right to make her own health care choices. This ruling is a major win for women and families across the country, as well as the fight to expand reproductive freedom for all.
“The Texas law is quite similar to arbitrary and unnecessary rules that were imposed on Virginia women after I left office as Governor. I’m proud that we were able to successfully fight off such ‘TRAP’ regulations during my time in state office. I have always believed these sort of rules are an unwarranted effort to deprive women of their constitutionally protected right to terminate a pregnancy.”
U.S. Sen. Mark Warner:
“Today the Supreme Court sent a clear message that all women have the right to make their own reproductive health decisions, no matter where they live. This is a victory for women’s health in Texas, in Virginia, and across the country.”
