Chris Geidner/BuzzFeed
WASHINGTON — The Supreme Court is holding arguments at 10 a.m. this morning in Whole Woman's Health v. Hellerstedt, the big challenge to Texas' abortion provider restrictions passed in House Bill 2 in 2013.
This past June, the 5th Circuit Court of Appeals upheld restrictions that require abortion facilities in Texas to meet the same standards as ambulatory surgical centers (ASCs), where outpatient surgery is performed. Under the new rules, doctors who perform abortions must also have admissions privileges at a nearby hospital.
However, later that month, on a 5-4 vote, the Supreme Court granted a stay of the lower court ruling, putting the restrictions on hold while the Supreme Court considers the case.
While the case was seen as the most high-profile abortion rights case to reach the court in more than 20 years, the death of Justice Antonin Scalia in February changed the dynamics of the case significantly.
Because the court had granted the stay — suggesting that five justices, including Justice Anthony Kennedy, viewed the restrictions as constitutionally suspicious — the case already was an uphill battle for the law's supporters. With Scalia's death, the supporters' battle is an even more uphill one.
The best case scenario for abortion opponents is a 4-4 split of the court, which would mean the lower court ruling would stand. Here, that would mean Texas' law would be upheld, as well as enabling similar laws in the 5th Circuit (Louisiana and Mississippi). While that's obviously not a result abortion rights supporters want, it would avoid a national ruling allowing such laws.
There already is a conflicting ruling from the 7th Circuit striking down such laws (a Wisconsin provision), however, a 4-4 split in the Texas case would mean the circuit split would remain. As such, it would seem like, if a 4-4 result is reached, this case would be a good candidate for reargument next term. (If reargument is set, presumably the court's earlier stay on the Texas law going into effect would remain in place.)
Throughout all of this, it also is important to note that Kennedy was one of the authors of Planned Parenthood of Southeastern Pennsylvania v. Casey, the last big abortion case at the Supreme Court, when the court said it reaffirmed the central holding of Roe v. Wade protecting a woman's right to an abortion.
In short, while Wednesday's case is important, Scalia's death means there is now no known scenario in which five justices of the court would vote to create a national precedent upholding this law.
Source BuzzFeed - Politics http://ift.tt/1WUUFpa
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