The constitutionality of a Texas law that restricts abortion is set to be decided by the U.S. Supreme Court. The court hears the case on Wednesday, March 2, 2016.
The said law is imposing potentially unconstitutional provisions that impede doctors and abortion clinics from performing their roles.
After the death of the staunch conservative Justice Antonin Scalia, whose seat remains vacant, only eight justices will preside over the case instead of the typical nine justices. This is expected to tip the balance because the high court now has only four conservative justices.
According to Reuters, the high court’s decision might be split between the remaining four liberal justices and the four conservative justices. This would affirm the ruling of a lower court in favor of the restrictive Texas law but would not necessarily set a legal precedent that can be applied in all states.
Texas Republican lawmakers have enacted the 2013 law that euphemistically claiming to protect women’s health. However, the abortion clinic providers and doctors oppose the law because they say that the actual intent of the law is to close down the abortion clinics.
As reported by CNN, the Center for Reproductive Rights hired lawyers to argue against the law. The center claims that the law is not intended to improve the safety of abortion but rather would make it harder for women to have access to abortion clinics.
Other groups such as the College of Obstetricians and Gynecologists and the American Medical Association are also arguing against the Texas law.
The law in question, the Texas Omnibus Abortion Bill, has a ban on abortions at 20 weeks post-fertilization without physician’s recommendations on grounds of substantial risks of physical impairment.
The law also requires abortion clinics to adopt the standards of hospital-grade ambulatory surgical centers, making it harder for abortion clinics to secure permits and continue to operate because of the prohibitive cost of facilities. Many abortion clinics have already closed because of the restrictions.
It will be the first time since 2007 that the Supreme Court will again be deciding on an abortion case. This would be a significant constitutional test that could shift the legal strategy of anti-abortion legislators and activists.
Featured image via Flikr by Supermac1961
