Power

Supreme Court Weighs Intervening in Texas Clinic Closure Fight

Attorneys for the State of Texas told the Roberts Court that closing all but eight clinics in the state is an "inconvenience" but not an undue burden on abortion rights.

Attorneys for the State of Texas told the Roberts Court that closing all but eight clinics in the state is an "inconvenience" but not an undue burden on abortion rights. Shutterstock

Attorneys for the State of Texas argued in a brief to the U.S. Supreme Court Thursday that anti-abortion restrictions—which have closed all but eight clinics in the state—are a “manageable” “inconvenience” for Texas patients and not the kind of emergency that requires the Roberts Court to intervene in the fight over provisions of HB 2, the state’s massive anti-abortion omnibus bill passed last year.

Texas Attorney General Greg Abbott filed the brief with the Roberts Court in response to an emergency request by reproductive health advocates challenging the law.

Advocates want the Supreme Court to vacate a ruling by the Fifth Circuit Court of Appeals that allowed a requirement that abortion clinics meet the same operational requirements as ambulatory surgical centers (ASCs) to go into effect despite a lower court ruling saying that those requirements created a “a brutally effective system of abortion regulation that reduces access to abortion clinics thereby creating a statewide burden for substantial numbers of Texas women.”

Advocates challenging the ASC requirements told the Supreme Court in their brief that if the stay entered by the Fifth Circuit is not vacated, those clinics that have been forced to close will likely never reopen. “[W]omen’s ability to exercise their constitutional right to obtain an abortion will be lost, and their lives will be permanently and profoundly altered,” they wrote.

This is the second time the Fifth Circuit has lifted a lower court order blocking provisions of HB 2 from going into effect after ruling them unconstitutional, setting up possible Supreme Court intervention.

Last year a similar fight played out over the hospital admitting privileges and medication abortion restrictions provisions of HB 2. The Roberts Court ultimately declined to intervene, which allowed those provisions to take effect while legal challenges on the constitutionality of those provisions continued.

A panel of Fifth Circuit judges eventually upheld the constitutionality of the admitting privileges requirements and restrictions on medication abortions in the state. The Fifth Circuit on Thursday declined to have its entire panel of judges re-hear challenges to the admitting privileges requirement.