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SCOTUS 5 - 3 Decision, Struck Down a Texas Law in acted in 2013; set undue strict abortion regulations

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Post by Guest Mon Jun 27, 2016 5:35 pm

Supreme Court Strikes Down Texas Abortion Limits
By MARGARET CHADBOURN  
Jun 27, 2016, 12:04 PM ET
The Supreme Court today struck down a Texas law that imposed significant restrictions on abortion clinics — a major victory for abortion rights activists and a blow to the campaign to limit the procedures.
In a 5-to-3 decision, the justices struck down a law that set strict regulations governing how abortion clinics operate. The Texas law, enacted in 2013, mainly required clinics providing abortion services to beef up their facilities to match walk-in surgical centers and mandated physicians performing abortions to have admitting privileges at local hospitals.

Hundreds of activists on both sides of the debate gathered outside the Supreme Court in anticipation of the ruling. Today is the last day that the court will issue decisions for this term, which began in October.

Texas has defended the restrictions, and the number of clinics providing abortion services in the state has dropped since the law was enacted. The Supreme Court said Texas put an undue burden on a woman's legal right to get an abortion.
Texas Gov. Greg Abbott, a Republican, criticized the ruling.
"The decision erodes states' lawmaking authority to safeguard the health and safety of women and subjects more innocent life to being lost," he said in a statement. "Texas' goal is to protect innocent life while ensuring the highest health and safety standards for women."

The court is down one justice, from nine to eight, because of the death of conservative Justice Antonin Scalia in February. He routinely sided with anti-abortion advocates.

The court is now evenly divided, with four conservative justices and four liberals. The majority opinion for the court, written by Justice Stephen Breyer, held that the regulations are medically unnecessary and unconstitutionally limit a woman's right to an abortion.

"We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes," Breyer wrote of the “admitting-privileges requirement" and the “surgical center requirement. "Each places a substantial obstacle in the path of women seeking a pre-viability abortion, each constitutes an undue burden on abortion access, and each violates the federal Constitution."

Breyer was joined by Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. dissented.

In a concurring opinion, Ginsburg wrote, “Given those realities, it is beyond rational belief that [the Texas law] could genuinely protect the health of women and certain that the law "would simply make it more difficult for them to obtain abortions."

In his dissent, Thomas argued that the court shouldn't have decided the case at all for technical and procedural reasons. But he also argues that the court's abortion jurisprudence is fundamentally misguided, and the court today "radically rewrites the undue burden test" by "requiring courts to consider the burdens a law imposes on abortion access together with the benefits those laws confer."

The last time the high court decided a major abortion case was nine years ago when they ruled to uphold a law banning late-term abortion procedures.

"Today women lost," Kristan Hawkins, the president of Students for Life of America, said outside the court after the ruling. "Today the Supreme Court put politics over the health and safety of women in our country."
http://abcnews.go.com/US/texas-abortion-limits-struck-supreme-court/story?id=40157655 
SCOTUS 5 - 3 Decision, Struck Down a Texas Law in acted in 2013; set undue strict abortion regulations 2681620681   And the value of Wendy Davis's 11 hr filibuster to force this issue before the SCOTUS was invaluable!  Bliss you dear woman and for the courage that you had and the back bone to take on your state of TX.  SCOTUS 5 - 3 Decision, Struck Down a Texas Law in acted in 2013; set undue strict abortion regulations 1481518877

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Post by Original Quill Mon Jun 27, 2016 6:07 pm

Saw that this am on Good Morning America. I was going to post it...good for you.

This is the beginning of the end for the rightys and their merry pranks. They have tried to chip away at 'right to one's body' and 'voter enfranchisement', and many other rights of the little people. This is the tail-end of the Koch Bros. meddling in lower (sewer) politics of state governments, gerrymandering and blocking judicial appointments.

It is ironic that a lot of the dissatisfaction with the government has gone the wrong way with Trump. It's really quite a leftist movement: dissatisfaction with a racist Congress (originally), determined to undermine the efforts of a black president. But it has resulted in a subversive form of government, determined to fail to govern at all...leaving it to the states.

Now we see the results. Kudos to Justice Kennedy for jumping onto the 'right' ship this time. Would that he would come to his senses on campaign financing and voting rights.

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Post by Ben Reilly Mon Jun 27, 2016 6:30 pm

I was going to post it as well Smile Great day for women's rights in Texas.
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Post by eddie Mon Jun 27, 2016 10:16 pm

What exactly, simply speaking, is the Texan law on abortion, then?

Just read this http://www.huffingtonpost.com/entry/supreme-court-texas-abortion_us_57629378e4b05e4be860efe5?gm6yutrs39ym0zr529
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Post by Guest Mon Jun 27, 2016 10:37 pm

Well, in a simplified method of explaining how all of the pure BS & false accusations that all of the PP clinics were selling fetus parts and those republican political specific campaign ads & doctored {false videotape} tapes used to smear the PP (planned parenting clinics) ...and then the TX voted to NOT FUND those clinics ...the snow ball effect was that numerous rural PP clinics were closed!

And as shocking and sad as the LIES and BS that managed to do all that was --- only 3% of any given PP clinics time was spent on actually abortion services!  Serving the lower to no income locals with 'WELL CARE' and : mammograms/both men & women cancer screening/physicals for local schools/ baby care/prenatal care/birth control/ STD treatment etc., etc., etc., 

soapbox

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Post by Guest Mon Jun 27, 2016 10:48 pm

eddie wrote:What exactly, simply speaking, is the Texan law on abortion, then?

Just read this http://www.huffingtonpost.com/entry/supreme-court-texas-abortion_us_57629378e4b05e4be860efe5?gm6yutrs39ym0zr529
Sorry ...I got up there on my soap box and forgot to answer your question; 
Basically the 'bible thumpers/anti abortion groups' were trying to force all the licensed abortion doctor's to be a designated DR. assigned to an admitting hospital ...which places their services and an extra fee upon the the abortion process it's self ...totally not necessary but just another sgueeze play to make getting NY abortion all most impossible Evil or Very Mad

And given the hysteria of those claims of the numbers of late term abortions that were 'supposedly, taking place ...and now the number of ZIKA virus pregnanties being reported in the past month ...those PPClinics are going to be busy.

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Post by eddie Mon Jun 27, 2016 10:48 pm

I'm pretty sure none of that was mentioned in the link I posted up there, but I bet your version was the more the truth lol!
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Post by Guest Mon Jun 27, 2016 11:24 pm

eddie wrote:I'm pretty sure none of that was mentioned in the link I posted up there, but I bet your version was the more the truth lol!

Well, my summation was from over many years worth of this Republican & anti-abortion fakery going on and the 11 attempts that our Republicans have pushed to Un-Do the Roe vs Wade Abortion Issue before our Congressional house & senate hearings; they can't stand it that they keep getting beaten back about this issue and they'll use whatever tricks/lies/and fake videos to garner support for their votes --- and unfortunately the funding keeps getting drastically cut and the poor-disadvantaged that those clinics helped are the ones that paid for all the BS & LIES.  Evil or Very Mad

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Post by Original Quill Tue Jun 28, 2016 4:32 am

4EVER2 wrote:
eddie wrote:What exactly, simply speaking, is the Texan law on abortion, then?

Just read this http://www.huffingtonpost.com/entry/supreme-court-texas-abortion_us_57629378e4b05e4be860efe5?gm6yutrs39ym0zr529
Sorry ...I got up there on my soap box and forgot to answer your question; 
Basically the 'bible thumpers/anti abortion groups' were trying to force all the licensed abortion doctor's to be a designated DR. assigned to an admitting hospital ...which places their services and an extra fee upon the the abortion process it's self ...totally not necessary but just another sgueeze play to make getting NY abortion all most impossible Evil or Very Mad

And given the hysteria of those claims of the numbers of late term abortions that were 'supposedly, taking place ...and now the number of ZIKA virus pregnanties being reported in the past month ...those PPClinics are going to be busy.

There was a second law, tandem to the one 4Eva just described.  It said that physicians could not conduct business out of clinics, even if fully equipped.  So, 1) gotta have an affiliation with a hospital; and 2) no independent clinics. With the two laws, I believe they were able to close down all but two or three doctors in Texas...and Texas is the size of the UK.

Both laws were struck down.

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