Supreme Court rules against women's health requirements for abortion mills
The Supreme Court on Monday delivered a major win to abortion clinics in Texas in a decision that halts the state’s GOP leaders from enforcing one of the nation’s strictest abortion laws.Kennedy was again the swing vote that kept the baby killing clinics in business. However, the "undue burden" test could come back to haunt liberals who are going out of their way to put such burdens on those exercising their specific rights in the constitution under the 2nd Amendment to own guns. The right to an abortion is not found in the constitution but is sometimes called penumbra law after the description of the "right" in Roe v. Wade.
The court’s 5-3 decision tosses out a previous ruling by an appellate court, which abortion rights activists warned would have sweeping implications for millions of women in Texas.
The case, Whole Woman’s Health v. Hellerstedt, marks the court’s first major decision on abortion in about two decades. It’s also one of the most anticipated decisions of the 2016 term, a year in which Antonin Scalia’s death shrunk the bench to only eight justices.
Abortion rights activists sued Texas after its GOP-controlled legislature passed a strict law in 2013 that they said violates a woman’s right to an abortion under federal law.
The law required doctors who perform abortions to have admitting privileges at a nearby hospital. It also required abortion clinics to meet the stricter standards of “ambulatory surgical centers.”
The case centered on whether Texas lawmakers had placed an “undue burden” on the constitutional right to an abortion with the new restrictions. That language was established in the 1992 landmark case, Planned Parenthood v. Casey. In the majority opinion, the court said the Texas law violated that standard.