Tag: admitting privileges
Supreme Court Strikes Down Restrictive Texas Abortion Law

Supreme Court Strikes Down Restrictive Texas Abortion Law

The U.S. Supreme Court on Monday handed a victory to abortion rights advocates, striking down a Texas law imposing strict regulations on abortion doctors and facilities that its critics contended were specifically designed to shut down clinics.

The 5-3 ruling held that the Republican-backed 2013 law placed an undue burden on women exercising their constitutional right to end a pregnancy established in the landmark 1973 Roe v. Wade decision. The normally nine-justice court was one member short after the Feb. 13 death of conservative Justice Antonin Scalia, who consistently opposed abortion in past rulings.

Conservative Justice Anthony Kennedy joined liberal members of the court in ruling that both key provisions of the law violate a woman’s constitutional right to obtain an abortion.

By setting a nationwide legal precedent that the two provisions in the Texas law were unconstitutional, the ruling imperils laws already in place in other states.

Texas had said its law, passed by a Republican-led legislature and signed by a Republican governor in 2013, was aimed at protecting women’s health. The abortion providers had said the regulations were medically unnecessary and intended to shut down clinics. Since the law was passed, the number of abortion clinics in Texas, the second-most-populous U.S. state with about 27 million people, has dropped from 41 to 19.

Democratic President Barack Obama’s administration supported the challenge brought by the abortion providers.

The Texas law required abortion doctors to have “admitting privileges,” a type of formal affiliation that can be hard to obtain, at a hospital within 30 miles (48 km) of the clinic so they can treat patients needing surgery or other critical care.

The law also required clinic buildings to possess costly, hospital-grade facilities. These regulations covered numerous building features such as corridor width, the swinging motion of doors, floor tiles, parking spaces, elevator size, ventilation, electrical wiring, plumbing, floor tiling and even the angle that water flows from drinking fountains.

The last time the justices decided a major abortion case was nine years ago when they ruled 5-4 to uphold a federal law banning a late-term abortion procedure.

Some U.S. states have pursued a variety of restrictions on abortion, including banning certain types of procedures, prohibiting it after a certain number of weeks of gestation, requiring parental permission for girls until a certain age, imposing waiting periods or mandatory counseling, and others.

Americans remain closely divided over whether abortion should be legal. In a Reuters/Ipso online poll involving 6,769 U.S. adults conducted from June 3 to June 22, 47 percent of respondents said abortion generally should be legal and 42 percent said it generally should be illegal.

Views on abortion in the United States have changed very little over the decades, according to historical polling data.

 

(Reporting by Lawrence Hurley; Additional reporting by Adfam DeRose; Editing by Will Dunham)

Photo: Demonstrators hold signs outside the U.S. Supreme Court as the court is due to issue its first major abortion ruling since 2007 against a backdrop of unremitting divisions among Americans on the issue and a decades-long decline in the rate at which women terminate pregnancies in Washington, U.S. June 27, 2016. REUTERS/Kevin Lamarque

U.S. Supreme Court Poised To Issue Major Abortion Ruling

U.S. Supreme Court Poised To Issue Major Abortion Ruling

The U.S. Supreme Court is due on Monday to issue its first major abortion ruling since 2007 against a backdrop of unremitting divisions among Americans on the issue and a decades-long decline in the rate at which women terminate pregnancies.

The court’s decision on whether a Republican-backed 2013 Texas law placed an undue burden on women exercising their constitutional right to abortion is one of three remaining cases for the court to decide on Monday, the last day of its term. The other major one involves whether the justices will overturn the corruption conviction of former Virginia Governor Robert McDonnell.

The last time the justices decided a major abortion case was nine years ago when they ruled 5-4 to uphold a federal law banning a late-term abortion procedure.

Americans remain closely divided over whether abortion should be legal. In a Reuters/Ipso online poll involving 6,769 U.S. adults conducted from June 3 to June 22, 47 percent of respondents said abortion generally should be legal and 42 percent said it generally should be illegal.

Views on abortion in the United States have changed very little over the decades, according to historical polling data.

There has been a long decline in the U.S. abortion rate. The most recent data, from 2011, showed that there were an estimated 1.1 million abortions that year at a rate of 16.9 per 1,000 women ages 15 to 44, according to the Guttmacher Institute, which tracks abortion policy and supports abortion rights. The rate had peaked at 29 abortions per 1,000 women in 1981, the group said.

“We know that the recent abortion declines were primarily due to declines in unintended pregnancies. Improved contraceptive use is likely the key driver of the declines in both unintended pregnancy and abortion,” said Elizabeth Nash, a policy analyst at the institute.

The Supreme Court legalized abortion nationwide in its landmark 1973 Roe v. Wade ruling.

The law in Texas, one of a number of conservative states that have pursued restrictions on abortion, requires abortion doctors to have “admitting privileges,” a type of formal affiliation, at a hospital within 30 miles (48 km) of the clinic. It also requires clinics to have costly hospital-grade facilities.

The court is evenly divided between liberals and conservatives following the February death of conservative Justice Antonin Scalia. The court could split 4-4, which would leave in place a lower court’s decision upholding the law.

In the Reuters/Ipsos poll, Americans were nearly evenly split on whether they backed laws like the one in Texas, with 43 percent generally opposed and 41 percent generally supportive. The poll had a credibility interval, a measure of accuracy, of about 2 percentage points.

 

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Photo: Pro-abortion rights protesters and anti-abortion protesters jostle with their signs as they demonstrate in the hopes of a ruling in their favor on decisions at the Supreme Court building in Washington, U.S. June 20, 2016.  REUTERS/Jonathan Ernst

Abortion Providers, Opponents Brace For U.S. High Court Decision

Abortion Providers, Opponents Brace For U.S. High Court Decision

As she waits for the U.S. Supreme Court to rule on a challenge to a restrictive Texas abortion law, Amy Hagstrom-Miller said she hopes she will not have to close up to three of the clinics she operates in the state, but is planning for it just in case.

Hagstrom-Miller founded Whole Woman’s Health, which runs four facilities in Texas that provide abortions and led the legal challenge to the law.

She said she has spreadsheets listing staffers who would be laid off if the court allows the law to survive, and is thinking about selling buildings and medical equipment as well as shutting her clinics in Fort Worth, San Antonio and McAllen.

“I would be irresponsible if I didn’t plan,” Hagstrom-Miller said in an interview.

The Supreme Court is due to rule by the end of June on whether the Texas law, which imposes strict regulations on abortion doctors and clinic facilities, violates a woman’s constitutional right to end her pregnancy as set out in the landmark 1973 Roe v. Wade ruling. The court has not issued a major abortion-related ruling since 2007.

The law requires abortion doctors to have “admitting privileges,” a type of formal affiliation, at a hospital within 30 miles (48 km) of the clinic. That provision has been implemented. A second provision, not yet in effect, requires clinics to have costly hospital-grade facilities including extensive standards for such attributes as corridor width, room size, floor tiles and the swinging motion of doors.

Supporters of the law, passed by a Republican-led legislature and signed by a Republican governor in 2013, say it was enacted to protect women’s health.

Abortion rights advocates say it imposes medically unnecessary regulations intended to shut clinics and has dramatically reduced access to abortion in Texas, the second-most-populous U.S. state with about 27 million people.

Getting a clear-cut ruling is complicated by the fact that the court is down to eight justices, split evenly with four conservatives and four liberals, following the February death of conservative Antonin Scalia.

One possibility is a 4-4 split that would affirm a lower court’s decision upholding the law but would not set a national legal precedent that could guide other states eager to pass similar statutes.

Because it is unlikely one of the court’s liberals would join the four conservatives, there is almost no chance of a broad ruling upholding the law and giving other states a green light to enact similar measures. Numerous Republican-governed states have considered measures that would restrict abortion availability.

 

‘NOT A CATASTROPHE’

For abortion opponents, who no longer have Scalia to cast a fifth vote to tip the balance in their favor, a 4-4 split leaving the Texas law in place may be the best result possible.

John Eastman, a professor at Chapman University School of Law in California, an abortion opponent who filed a brief with the high court backing the Texas law, said if the justices cannot deliver a decisive ruling, “It’s not a catastrophe.”

“I’d rather have women’s health and safety in some parts of the country than no parts of the country,” Eastman said.

Legal fights over similar laws are ongoing in several states, including Mississippi, Louisiana and Wisconsin.

If the court leaves in place the lower-court ruling upholding the Texas law, the number of abortion clinics in the state would drop from the current 19 to nine, abortion providers said. Texas had 41 abortion clinics when the law was passed.

“A 4-4 decision would leave us in the untenable situation where a woman’s ability to get an abortion will depend on where she lives,” said Jennifer Dalven, a lawyer with the American Civil Liberties Union, which opposes restrictive abortion laws.

Another possibility is that the justices strike down the law, or invalidate one of the two provisions at issue while keeping the other. It may be more likely that the admitting-privileges provision, already in effect, would survive, while the hospital-grade facilities requirements, which the justices themselves temporarily blocked, would not.

Justice Anthony Kennedy could be the key player in any such scenarios, which would require at least one conservative to join the four liberals. Kennedy is a conservative who in past rulings has endorsed Roe v. Wade, but has voted to uphold some abortion restrictions.

“It comes down to Justice Kennedy, and during the argument he didn’t show his hand too much,” said John Seago, the anti-abortion group Texas Right to Life’s legislative director, adding that the ruling could give abortion opponents “ideas about what laws we could pass.”

Another possibility is that the court returns the case to a lower court for further proceedings, as Kennedy suggested during March 2 oral arguments.

“It’s overwhelming for me when I think what could happen if it’s not a favorable decision,” said Dr. Bhavik Kumar, who performs abortions at two Texas Whole Woman’s Health clinics. “I try not to think about it every minute of every day.”

 

(Reporting by Lawrence Hurley; Additional reporting by Jilian Mincer; Editing by Will Dunham)

Protesters demonstrate in front of the U.S. Supreme Court in the morning as the court takes up a major abortion case focusing on whether a Texas law that imposes strict regulations on abortion doctors and clinic buildings interferes with the constitutional right of a woman to end her pregnancy, in Washington March 2, 2016. REUTERS/Kevin Lamarque/File Photo

Federal Judge Rules Alabama Abortion Restrictions Unconstitutional

Federal Judge Rules Alabama Abortion Restrictions Unconstitutional

By Alana Semuels, Los Angeles Times

Dealing the second blow to anti-abortion activists in less than a week, a federal judge has ruled that an Alabama law that would have shut three of the state’s five abortion clinics is unconstitutional.

The law, a version of which has been passed in multiple states across the country in recent years, requires doctors performing abortions to have admitting privileges at nearby hospitals. A similar Mississippi law was blocked last week by a federal appeals court in one of the most conservative districts in the country.

“The court is convinced that, if this requirement would not, in the face of all the evidence in the record, constitute an impermissible undue burden, then almost no regulation, short of those imposing an outright prohibition on abortion, would,” wrote U.S. District Judge Myron Thompson, in his 172-page opinion, released Monday.

The ruling, by a vote of 2-1, leaves similar laws vulnerable to challenges, but it also raises the possibility that this issue will advance to a higher court. Before the Mississippi law was blocked last week, a similar Texas law was allowed to stand by a different panel of judges, and the Supreme Court often steps in when different courts offer contrasting decisions on the same issue.

Alabama’s attorney general announced soon after the ruling that the state will appeal.

The Alabama lawsuit was filed by Planned Parenthood Southeast and Reproductive Health Services, which argued that none of the doctors who provide abortions in Montgomery, Birmingham, or Mobile would be able to obtain admitting privileges, and that closing the clinics would make it onerous for women to travel to have abortions.

Thompson agreed, writing that the admitting privileges requirement “would have the effect of imposing a substantial obstacle for women who would seek abortions in Alabama. The law would therefore impose an undue burden on their constitutional right to have an abortion.”

The Alabama law, which was enacted in 2011, had not been enforced while the lawsuit was pending. Similar laws were enacted in Oklahoma and Kansas the same year; an Idaho law passed in 2011 was permanently blocked by a federal district court. Arizona’s admitting privilege law, enacted in 2012, has been permanently blocked by a federal appeals court.

But similar laws still stand in Arkansas, Indiana, Kansas, Nebraska, Oklahoma, and Texas. It will go into effect in Louisiana on Sept. 1.

Many of the legislators who have sponsored or supported admitting privileges laws have been clear: They would completely ban abortion, if they could.

“Even though I continue to be disappointed that the U.S. Supreme Court has allowed abortion to remain the law of the land, we can take these measures to protect the health of women,” said Alabama state Sen. Scott Beason, who sponsored the law.

The Alabama lawmakers have passed other abortion restrictions: banning abortion if a fetal heartbeat can be heard and lengthening the period of time a woman must wait before she gets an abortion to 48 hours, from 24.

Abortion rights activists cheered the ruling Monday as a pushback against the laws that have been passed across the country in recent years.

“As the judge noted today, the justifications offered for this law are weak at best,” said Louise Melling, deputy legal director of the ACLU. “Politicians, not doctors, crafted this law for the sole purpose of shutting down women’s health care centers and preventing women from getting safe, legal abortions.”

Photo: World Can’t Wait via Flickr

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