Deeply split Supreme Court wrestles with abortion case
The court’s most significant abortion case since the early 1990s crackled with intensity during 85 minutes of pointed questions from liberal and conservative justices that suggested little common ground in resolving the clinics’ claim that the regulations are medically unnecessary and unconstitutionally limit a woman’s right to an abortion.
Texas says it is trying to protect women’s health in rules that require doctors who perform abortions to have admitting privileges at nearby hospitals and force clinics to meet hospital-like standards for outpatient surgery.
Justices Elena Kagan, Sonia Sotomayor and Breyer all pointed out that other procedures, including liposuctions, colonoscopies and dental surgeries, have higher complication rates and yet can be performed in facilities that do not meet the stringent standards.
The clinics, backed by the Obama administration, argue that the regulations already have closed half the roughly 40 clinics that existed before the law was enacted and that only about 10 clinics would remain if it is allowed to take full effect.
Dozens of antiabortion protesters chanted “pro-life, pro-woman” while hundreds of abortion rights advocates nearby shouted “abortion is a human right.”