With Texas Abortion Law on Hold, What Might Become of It at the Supreme Court?

Late last month, and for a 2nd time, the U.S. Supreme Court put implementation of HB2 on hold. The High Court may now decide in its next term to hear a case challenging if the controversial legislation creates an undue burden for Texas women seeking abortions.

House Bill 2, passed back in July of 2013, requires Texas clinics that provide abortions to meet the standards of ambulatory surgical centers and for doctors who provide abortions there to have admitting privileges at nearby hospitals. Proponents say those standards are meant to ensure patient safety. However, many opponents believe those standards are intended expressly and solely to force clinics providing abortions to meet impossible standards, limiting the number of such clinics — and therefore limiting reasonable access for many Texans.

At the moment, the fate of ten clinics — half of those that remain in operation in Texas — rests on whether the High Court will agree the requirements — alone or in combination with other requirements — create an undue burden.

We review what led to this now seemingly inevitable Supreme Court showdown with News 88.7 FM health and science reporter Carrie Feibel. Then, we walk through the legal arguments with TSU Professor of Law Martin Levy.