Supreme Court Decides Not to Rule on Texas Pro Life Law (For Now)

Justice Scales

The United States Supreme Court has decided not to intervene in the Texas pro life law that requires abortion clinic doctors to have hospital privileges. 

That doesn’t mean that the Court has upheld the law. It also doesn’t mean that it has struck it down. It simply means that the Supreme Court has decided to let lower courts work. 

I think it’s interesting that a third of Texas abortion clinics have been forced to close because of this law that requires them to meet the same standards as other outpatient surgery facilities and that also requires that the doctors who do abortions have hospital privileges. 

I read what I think are bizarre opinions in the comboxes that laws like this are wrong because the people backing them want to limit access to abortion. That sounds a lot like the notion that abortion is everything and women are nothing.

Isn’t the primary argument behind legalizing abortion supposed to be that women will have access to safe and competent medical care? Why should abortionist be given special dispensation to perform surgeries without complying with the medical standards that are required for everything else? Why should doctors without hospital privileges being doing surgery in the first place?

From LifeNews.com:

Supreme Court Justice Antonin Scalia issued an opinion today indicating the Supreme Court will not get involved in a case out of Texas that has abortion facilities there appealing a law that has closed numerous abortion clinics that can’t protect women’s health.

In a big victory for pro-life advocates in Texas earlier this month, the Fifth Circuit Court of Appeals overturned Judge Lee Yeakel of the Western District Court in Austin and restored key portions of a pro-life law in Texas that will ultimately stop abortions and could close abortion clinics. Abortion clinics appealed that decision to the Supreme Court and Justice Scalia issued a ruling today saying the high court will not get involved.

“The underlying legal question — whether the new Texas statute is constitutional — is a difficult question. It is a question, I believe, that at least four members of this court will wish to consider irrespective of the 5th Circuit’s ultimate decision,” Justice Antonin Scalia wrote with Justices Clarence Thomas and Samuel Alito concurring. “I would maintain the status quo while the lower courts consider this difficult, sensitive, and controversial legal matter.”

The justices voted 5-4 to leave Texas’ pro-life provisions in place and the four Democrat-appointed pro-abortion justices all voted to overturn the pro-life measure. Justice Stephen Breyer write a dissenting opinion saying he expected the case to return to the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy did not join an opinion or write their own, but they sided with Scalia, Thomas and Alito.

With the Supreme Court not intervening, the full appeals court has scheduled a hearing on the case for January to consider the lawsuit. The abortion businesses can proceed with the case there or ask another Supreme Court justice to intervene and stop the law from taking effect while the case continues.

  • pagansister

    Expect it will return to the Supreme Court eventually.


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