Female health was not a concern of the Justices

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Female health was not a concern of the Justices

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As Breyer notes, the admitting privileges requirement is a solution in search of a problem. As the trial court determined in this case, “ he great weight of evidence demonstrates that, before the act’s passage, abortion in Texas was extremely safe with particularly low rates of serious complications and virtually no deaths occurring on account of the procedure.” Accordingly, “there was no significant health-related problem that the new law helped to cure.”

Indeed, when Texas’ solicitor general was “directly asked at oral argument whether Texas knew of a single instance in which the new requirement would have helped even one woman obtain better treatment, Texas admitted that there was no evidence in the record of such a case.”

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Combined, "these facts indicate that the surgical-center provision imposes 'a requirement that simply is not based on differences' between abortion and other surgical procedures 'that are reasonably related to' preserving women’s health, the asserted 'purpos[e] of the Act in which it is found.'”

So this is a big loss for opponents of the right to choose and an enormous strategic blunder by some of the most sophisticated thinkers in the anti-abortion movement.

HB 2 was the brainchild of Americans United for Life, a "legislation mill" that drafts anti-abortion bills that can be enacted by sympathetic state lawmakers. The group brags its goal is to overrule Roe "through deliberate, legal strategies that accumulate victories, build momentum, and restore a culture of life.”

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