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Thursday, October 23, 2014

Supreme Court Ruling on Texas Abortion Law

Regulations: What Happened and What Now?




by Thomas M. Messner, J.D.
Charlotte Lozier Institute

 
On October 14, 2014, the U.S. Supreme Court issued an order in a federal case involving challenges to abortion-related laws enacted by the State of Texas.

The order comes in a case called Whole Woman’s Health v. Lakey.

In a nutshell, what did the Supreme Court do?

The Supreme Court issued an order that will stop certain abortion laws in Texas from being enforced until the federal courts decide whether those regulations are constitutional.

The Supreme Court did not say whether those laws are constitutional.

What abortion provisions are at issue in this case?

In 2013 the State of Texas enacted legislation known as H.B. 2. The federal court of appeals, Fifth Circuit, has explained that two provisions of H.B. 2 are at issue in this case.

The first provision is known as the admitting privileges provision. This provision “requires any physician performing an abortion to have active admitting privileges at a hospital within thirty miles of the location where the abortion is performed.”

The second provision is known as the ambulatory surgical centers provision. This provision “requires that all abortion clinics existing on or after September 1, 2014, comply with the same minimum standards required of ambulatory surgical centers.”

“The regulatory standards for ambulatory surgical centers contain two main categories: (1) physical plant . . . and (2) operations . . . .” Physical plant “includes architectural, electrical, plumbing, and HVAC requirements” and operations includes “requirements for medical records systems, training, staffing, and cleanliness.”


The goal of the Charlotte Lozier Institute is to promote deeper public understanding of the value of human life, motherhood, and fatherhood, and to identify policies and practices that will protect life and serve both women’s health and family well-being.  Our profound conviction is that the insights available through the best science, sociology and psychology cannot help but demonstrate that each and every human is not only “fearfully and wonderfully made” but blessed to be born at this time in human history.



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