Supreme Court strikes down Texas abortion access law
Supreme Court strikes down
Texas abortion law'
Washington (
CNN)In a dramatic ruling, the Supreme Court on Monday threw out a Texas abortion access law in a victory to supporters of abortion rights who argued it would have shuttered all but a handful of clinics in the state.
The 5-3 ruling is the most significant decision from the Supreme Court on abortion in two decades and could serve to deter other states from passing so-called "clinic shutdown" laws.
In joining with the liberal justices, perennial swing vote
Justice Anthony Kennedy helped deliver a victory to abortion rights activists and signaled the court's majority in their favor could continue regardless of the presidential election and the filling of the empty seat on the bench left by the death of conservative
Justice Antonin Scalia.
Abortion in
America: More complex than you think
Justice
Ruth Bader Ginsburg joined Breyer's opinion and wrote a brief concurring opinion, which focused on what she called women in "desperate circumstances."
"When a
State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety," she wrote.
Political implications
The ruling will have reverberations on the presidential election, where the fate of the Supreme Court has been front-and-center after the death of
Scalia in February.
Senate Republicans have refused to act on
President Barack Obama's nomination of
Judge Merrick Garland, leaving the court with eight justices.
Supreme Court vacates former
Virginia Gov.
Bob McDonnell's conviction
But Monday's ruling signals that even if Republicans were to name that replacement, the court still has a five-justice majority that could rule against abortion restrictions. And if
Hillary Clinton were to win, the majority could even grow.
Hillary Clinton immediately praised the ruling.
"
SCOTUS's decision is a victory for women in Texas and across America.
Safe abortion should be a right—not just on paper, but in reality. -H"
Follow
Hillary Clinton ✔ @HillaryClinton
SCOTUS's decision is a victory for women in Texas and across America. Safe abortion should be a right—not just on paper, but in reality. -H
8:12 PM - 27 Jun 2016
5,027 5,027 Retweets 9,479 9,479 likes
President Barack Obama said he is "pleased" by the ruling.
"We remain strongly committed to the protection of women's health, including protecting a woman's access to safe, affordable health care and her right to determine her own future, the
President said.
The court's decision has major implications for the future political battles over abortion beyond Texas.
Anti-abortion activists since
Roe v. Wade have worked to pass a slew of laws across the country restricting abortions or making them more difficult, like the law struck down in Texas.
But Monday's ruling strengthened the premise of the
1992 case
Planned Parenthood v Casey, sending a message to states that might pass such laws and lower courts that would uphold them that they have a high hurdle to prove they're constitutional. The
Casey ruling said that states could impose restrictions as long as they didn't impose an undue burden on the woman.
"By clarifying exactly what the 'undue burden' test requires.
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