Supreme Court blocks HB2

The US Supreme Court has ruled in emergency fashion that invaluable components of HB2, the omnibus anti-abortion bill that Wendy Davis famously filibustered, may be stayed until appeal. Specifically, a provision that required all clinics to adhere to the standards of ambulatory surgical centers was put on hold, as was another in part. The provision that requires abortion doctors to have admitting privileges at a nearby hospital was set aside specifically for clinics in McAllen and El Paso, though not the rest of the State.

The ruling was 6-3, with Chief Justice John Roberts and Justice Anthony Kennedy joining the four liberals. The three arch-conservatives, meanwhile, dissented from the order. As most will remember, a Federal Judge struck down these provisions a couple months back, but a Federal Appeals Court lifted the stay while it considered the appeal. The Supreme Court today merely reapplied the stay of the Federal District Judge in Austin who originally ruled the law unconstitutional, Lee Yeakel. Last year, Yeakel also ruled other provisions of the law unconstitutional, in a suit that similarly was reversed by the Appeals Court, although the Supreme Court pointedly chose not to reapply the stay in that case.

The implications here are, in a word, huge. As noted above, the Court has decidedly not stayed previous decisions, often 5-4 and along party lines. The two moderate conservatives on the Court, Roberts and Kennedy, have for some reason decided to shift views on the topic. Perhaps it is because the full effect of the case would reduce the number of clinics in Texas to just 5 or 6, a horrifying lower number per capita than other states included Mississippi, which has only one. Whatever the rationale, the implications of this decision are rather significant. For the first time, I am even cautiously optimistic that the law could be struck down by the Supreme Court upon final appeal (which is still likely years off).

Additionally, this development will likely take everyone’s mind off of that silly Wendy Davis ad, which has been eating up a significant portion of the 24/7 news cycle recently. As unfavorable to Davis as talking about abortion might be, I would still reckon it is leaps and bounds above the fallout over her wheelchair ad. Anyways, that’s my two-cents.

As for the clinics closed by this law, they can now re-open. Sagacious followers of the press will be familiar with stories of clinics closing overnight and cancelling dozens of appointments along with it. Those clinics can now re-open and, hopefully, women can continue receiving the healthcare options they need.

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One thought on “Supreme Court blocks HB2

  1. Actually, this move is not necessarily an unreasonable one (unless, of course, you are an infant about to be dismembered in utero, in which case the lifting of your stay of execution is quite unreasonable given that you have received no due process). After all, closing the “clinics” down for the extended period of time needed to adjudicate at the Circuit Court and Supreme Court levels would be prohibitively expensive for the “clinic” operators, as they would be unable to operate their business while still paying for the capital resources necessary to inflict abortions upon the victims. Some might be forced to give up their rented space due to the lack of income, others might lose their property to foreclosure. In any event, the employees of the facility would likely go elsewhere, meaning a loss of human capital by these businesses. Thus staying the law preserves the status quo ante until the judicial process is complete.

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