U.S. Supreme Court Stops HB 2
Justices Scalia, Thomas, and Alito dissent
By Mary Tuma, 6:20PM, Tue. Oct. 14, 2014
In a 6-3 decision, the U.S. Supreme Court halted key provisions of Texas abortion law, House Bill 2, from taking effect.
Judges struck a 5th Circuit Court of Appeals ruling that allowed the law to be immediately enforced. A federal court found HB 2 to be “unconstitutional” and an “undue burden” on abortion-seeking women. However the state appealed the ruling and sent the case to the 5th Circuit, who stayed the federal judge’s ruling. Abortion providers seeking to stop HB 2 filed an application with the U.S. Supreme Court on Monday, Oct. 6.
The SCOTUS decision blocks two parts of HB 2 – a requirement that forces clinics to comply with the same costly building standards as ambulatory surgical centers, and the admitting privileges rule as it applies to two recently closed clinics in underserved communities, the Whole Woman's Health Clinic of McAllen and Reproductive Services of El Paso. As a result of the 5th Circuit decision, roughly 13 clinics have closed their doors. Only eight clinics exist in the state today.
Justice Scalia, Justice Thomas, and Justice Alito dissented.
“The U.S. Supreme Court gave Texas women a tremendous victory today," said Nancy Northup, president and CEO of HB 2 case plaintiffs, the Center for Reproductive Rights, in a statement following the ruling. "Tomorrow, thirteen clinics across the state will be allowed to reopen and provide women with safe and legal abortion care in their own communities."
View the SCOTUS order here.
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House Bill 2, U.S. Supreme Court