The US Supreme Court issued its strongest defense of abortion rights in a quarter-century on Monday, striking down Texas’ widely replicated rules that sharply reduced abortion clinics in the nation’s second-most-populous state.
By a 5-3 vote, the justices rejected the state’s arguments that its 2013 law and follow-up regulations were needed to protect women’s health.
The rules required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards for outpatient surgery.
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The clinics that challenged the law argued that it was merely a veiled attempt to make it harder for women to get abortions by forcing the closure of more than half the about 40 clinics that operated before the law took effect.
Justice Stephen Breyer’s majority opinion for the court held that the regulations are medically unnecessary and unconstitutionally limit women’s right to abortions.
Breyer wrote that “the surgical center requirement, like the admitting privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions and constitutes an ‘undue burden’ on their constitutional right to do so.”
Thirteen US states have similar requirements, enacted as part of a wave of abortion restrictions that states have imposed in recent years. Others include limits on when in a pregnancy abortions may be performed and the use of drugs that induce abortions without surgical intervention.
Amy Hagstrom Miller, the owner of several Texas clinics among her eight facilities in five states, predicted that the decision would “put a stop to this trend of copycat legislation.”
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