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Texas Abortion Limits Struck Down by U.S. Supreme Court

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giga

Member
A divided U.S. Supreme Court struck down a Texas law that had threatened to close three-quarters of the state’s abortion clinics by putting new requirements on facilities and doctors.

The 5-3 ruling is the court’s first abortion decision in almost a decade. It invalidates a law that required clinics to meet hospital-like surgical standards and forced abortion doctors to get admitting privileges at a local hospital.

Texas said the rules safeguarded patient safety, while opponents said the real aim was to reduce access to abortion.

http://www.bloomberg.com/politics/a...rtion-limits-struck-down-by-u-s-supreme-court

BREYER, J., delivered the opinion of the Court, in which KENNEDY, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. GINSBURG, J., filed a concurring opinion. THOMAS, J., filed a dissenting opinion. ALITO, J., filed a dissenting opinion, in which ROBERTS, C. J., and THOMAS, J., joined.

http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf
 

DrArchon

Member
Even with a justice down they're still getting shit done. I'm impressed. I was betting on this being a 4-4 decision.
 

akileese

Member
Even with a justice down they're still getting shit done. I'm impressed. I was betting on this being a 4-4 decision.

Might've been if they didn't go full on fiendish with it. I know a lot of Republicans/conservatives who thought the bill was entirely overboard.
 

Pizoxuat

Junior Member
No, to women across the country

The reason SCOTUS decisions are important are because their rulings allow other states to follow suit with the legality that SCOTUS's rulings allow their laws.

And other states had already started to copy that particular bit of malicious Texas nonsense.
 
It's actually a much bigger ones than just five to three. two dissenters actually wanted to send it back to be reworded only Clarence Thomas voted to have the law held as written
 

Apath

Member
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?
 
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

Because it's a bullshit excuse, people aren't dropping dead at the current quality of abortions done in legal manners.

It's simply done to make the process of a women choosing far more of a hassle and create a bottle neck so the total number of abortions available will go down.
 

HylianTom

Banned
Niiiice.

Reminder:
Anthony Kennedy turns 80 next month. He was the swing on this, as usual.

A chance to replace him and Scalia would put this issue (along with most other social questions) to bed for a long, long time.
 

platocplx

Member
Im Ecstatic. I really hope that the repub congress fucks up more and doesnt let the guy Obama selected to the supreme court in, and then we get a super liberal choice. It would be the biggest Fuck you guys after 8 years of their bullshit. Here's to hoping Hillary gets voted in.

Niiiice.

Reminder:
Anthony Kennedy turns 80 next month. He was the swing on this, as usual.

A chance to replace him and Scalia would put this issue (along with most other social questions) to bed for a long, long time.

Clarence thomas may retire as well, also ruth bader ginsburg. The swing in the supreme court could change the face of this nation for the next 50 years. Man i get a little giddy hoping that we can become more and more progressive within the higher judicial branches.
 

IronRinn

Member
And other states had already started to copy that particular bit of malicious Texas nonsense.

Exactly. For those who are interested Independent Lens just had a great documentary on this: TRAPPED.

Edit:

Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?
Check out the documentary.
 
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

This would require plenty of clinics to be rebuilt, requiring things like increased hallway space and other standards that would not benefit a women's health clinic.
 

Pizoxuat

Junior Member
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

It is ridiculous. Abortion, both chemical and invasive, are incredibly safe procedures.
 
So I'm guessing that this proposed "hospital-like surgical standards" requirement was just a front for health board officials to go "nope, not safe enough. Nope, still not safe enough. Sorry, you can't perform abortions until you meet our standards". Aren't abortion clinics held to a similar health or cleanliness standard already?
 
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

As far as I understood it, it's more been a matter of Texas continually adding new, tiny, "reasonable" regulations over and over, so every time you bring your clinic up to code, all the sudden they want it so every hall way is six feet wide instead of five and a half. There are some standards that are appropriate for hospitals, that aren't necessary for these sorts of clinics.
 

Arkeband

Banned
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

I don't know the details of what surgical standards they wanted, but I do know that they wanted to force things like the width of hallways and other hospital construction code, which would have basically required every clinic to undergo significant reconstruction or close their doors. (Hint: it was intended to do the latter)
 

Arcia

Banned
As a woman living in Texas, this certainly makes me feel a little better, as this ruling affects me and fellow female Texans directly. We need all the outside help we can get!
 

Grym

Member
yeah this is actually a much bigger win than the 5-3 vote looks like. Both Alito and Roberts would have sent it back to the lower courts for clarifications and stuff. So really only Thomas was for the limits
 
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

It's not necessary. It's like holding TV manufacturers to a new standard that requires them to have their TVs tested for 100 hours in-store at every retail box location before they are allowed to be sold - the vast majority of TVs work fine and are already tested at the factory, so this extra time spent would just massively inflate costs and cause big box stores to stop carrying TVs entirely, because the slim profit margins aren't worth the extra 100 hours of testing for each TV sold.
 
Kennedy with another homerun swing.

Thank god he cares a ton about his legacy. It's the only reason women amd LGBT folk have supreme court backed rights these days.
 

giga

Member
Cl9rBMUWAAAenJX.jpg


sonned
 

aeolist

Banned
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

lots of reasons. first off, most abortions are currently performed by administering a set of (i think 2) pills. even laters ones that require dilating the cervix are non-surgical and are outpatient procedures. other similar procedures (with far higher complication rates) for non-controversial issues are performed in normal clinics all the time and medical professionals have universally said that these requirements are not scientifically necessary.

second, the ambulatory surgical clinic standards would require a lot of clinics to undertake extremely expensive building projects. most abortion providers are not very wealthy.

and third, lawmakers were actually extremely open about the fact that they were imposing these rules specifically to drive abortion providers out of the state.
 
D

Deleted member 80556

Unconfirmed Member
Congrats, America! Didn't think this one was going to pass, glad to have been wrong.
 
This isn't a surprise after last Thursday, since if it was going to end 4-4 it would have almost certainly been announced then, but still very good to actually have it official. Thank god Kennedy seems to still be on board with Planned Parenthood v. Casey.
 
Just curious, because everyone is making it sound like there is a big reason why it's more harmful than beneficial: what is wrong with holding a clinic to "surgical" standards? Is that just ridiculous for what happens during the procedure or something?

It presupposes a problem that never existed. Not being up to 'ambulatory surgical clinic' standards never posed a serious risk to the health of women who visited such centers. From the decision:

[As] the admitting-privileges requirement began to be enforced, the number of facilities providing abortions dropped in half, from about 40 to about 20; this decrease in geographical distribution means that the number of women of reproductive age living more than 50 miles from a clinic has doubled, the number living more than 100 miles away has increased by 150%, the number living more than 150 miles away by more than 350%, and the number living more than 200 miles away by about 2,800%; the number of facilities would drop to seven or eight if the surgical-center provision took effect, and those remaining facilities would see a significant increase in patient traffic; facilities would remain only in five metropolitan areas; before H. B. 2’s passage, abortion was an extremely safe procedure with very low rates of complications and virtually no deaths; it was also safer than many more common procedures not subject to the same level of regulation; and the cost of compliance with the surgical-center requirement would most likely exceed $1.5 million to $3 million per clinic.

The law pretended to be about women's health while putting the health of millions of women in jeopardy.
 

Davilmar

Member
I am incredibly surprised, given the deadlocked SCOTUS and my limited faith in that branch of government. This will stick it to the religious conservatives and the shenanigans pulled across states to outlaw abortion under the lie of health protections.
 
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