New York Times

Supreme Court Allows Texas Abortion Clinics to Stay Open

June 30, 2015

by Adam Liptak

WASHINGTON — The Supreme Court on Monday allowed 10 Texas abortion clinics to remain open while the justices consider whether to hear an appeal from a decision effectively ordering them to close.

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. voting to deny the stay.

The case concerns two parts of a state law that imposes strict requirements on abortion providers. One requires all abortion clinics in the state to meet the standards for “ambulatory surgical centers,” including regulations concerning buildings, equipment and staffing. The other requires doctors performing abortions to have admitting privileges at a nearby hospital.

Other parts of the law took effect in 2013, causing about half of the state’s 41 abortion clinics to close. If the contested provisions take effect, abortion rights advocates said, the number of clinics will again be halved.

The remaining clinics, lawyers for abortion providers said, would be clustered in four metropolitan areas: Austin, Dallas-Fort Worth, Houston and San Antonio. “There would be no licensed abortion facilities west of San Antonio,” the providers’ brief said, “and the only abortion clinic south of San Antonio would have a highly restricted capacity.”

State officials said the law was needed to protect women’s health. Abortion providers said the regulations were expensive, unnecessary and a ruse meant to put many of them out of business.

Abortion providers and advocates for abortion rights praised the Supreme Court’s stay as a kind of temporary victory, saying they were confident the justices would ultimately decide to review the case.

“This case presents a very, very dramatic impact in the type of restrictions on access to abortion clinics that we’ve seen over the past few years,” said Nancy Northup, the president and chief executive of the Center for Reproductive Rights, whose lawyers were part of the legal team representing the clinics that sued the state. “If this case is not taken by the Supreme Court, it’s going to allow a continuation of the closing of clinics by these sneaky, underhanded methods.”

Amy Hagstrom Miller, the chief executive of Whole Woman’s Health, one of the abortion providers that sued Texas over the law, praised the Supreme Court’s move. “We’re relieved that the high court has, once again, prevented anti-choice politicians from pushing safe and affordable abortion care entirely out of reach for Texas women,” Ms. Miller said in a statement.

The bill was passed by the Republican-dominated Texas Legislature and signed into law in July 2013 by Rick Perry, the governor at the time. Mr. Perry, who is running for president, said in a statement on Monday that the Supreme Court’s stay “unnecessarily puts lives in danger by allowing unsafe facilities to continue to perform abortions.”

“I am confident the court will ultimately uphold these common-sense measures to protect the health and safety of Texas women,” he added.

Texas Republican leaders, who have said that the law’s restrictions were intended to protect the safety of women seeking abortions, defended the measure, which was known as House Bill 2, or H.B. 2. They expressed confidence the Supreme Court would ultimately weigh in on their side.

“H.B. 2 was a constitutional exercise of Texas’ lawmaking authority that was correctly and unanimously upheld by the Fifth Circuit Court of Appeals,” Gov. Greg Abbott said in a statement. “Texas will continue to fight for higher-quality health care standards for women while protecting our most vulnerable — the unborn, and I’m confident the Supreme Court will ultimately uphold this law.”

The state’s Republican lieutenant governor, Dan Patrick, an outspoken opponent of abortion and same-sex marriage, said in a statement that the Supreme Court was “continuing their attack on states’ rights with a narrow majority of activist justices.”

On June 9, the United States Court of Appeals for the Fifth Circuit, in New Orleans, largely upheld the contested provisions. A panel of the court ruled that the law, with minor exceptions, did not place an undue burden on the constitutional right to abortion.

The court said women in West Texas could obtain abortions in New Mexico, a ruling at odds with one from a different panel of the same court that said Mississippi could not rely on out-of-state abortion clinics in defending a law that would have shut down the state’s only clinic.

On June 19, the panel in the Texas case declined to grant the challengers a stay. They filed an emergency appeal to the Supreme Court that night.

This is the second time the Supreme Court has issued a reprieve to the clinics. In October, the court allowed more than a dozen clinics in the state to reopen.