Supreme Court Tests Texas' New Restrictions On Abo
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Even with the death of Justice Antonin Scalia, Wednesday could mark a potential turning point for the Supreme Court on the subject of abortion. At issue is whether a new Texas law imposes restrictions that unconstitutionally limit a woman's right to terminate a pregnancy.
Last June, a federal appeals court upheld the law. If the Supreme Court agrees, it would mean a dramatic cutback on abortion rights across the country, and potentially a steppingstone toward the reversal of Roe v. Wade.
The Texas Omnibus Abortion Bill, known as HB 2, requires all abortions — either surgical or medical, meaning with pills — to be done in ambulatory surgical centers. Such facilities are mini-hospitals, with wide corridors, large operating rooms and advanced HVAC systems, among other requirements. A second provision requires doctors performing either surgical or medical abortions to have admitting privileges at a hospital within 30 miles of the clinic.
The state says it enacted these provisions to protect the health and safety of women. Virtually the entire established medical profession, both in Texas and nationally, disagrees.
The American Medical Association and the American Academy of Family Physicians, among others, have joined the American College of Obstetricians and Gynecologists in telling the justices that these provisions are "unnecessary" and "harmful" to women's health and safety. The major medical groups contend that the law erects gratuitous barriers to abortion, adds needless expense, and — by causing the closure of so many clinics — creates significant delays that sometimes push abortions into the second trimester.