SCOTUS to address whether HB 2 poses so-called “undue burden” and if law establishes a valid state interest.
Washington, D.C. – November 13, 2015: Today, the Supreme Court of the United States (SCOTUS) has granted a petition for certiorari submitted by the Center for Reproductive Rights (CRR) on behalf of the Texas abortion industry. SCOTUS will review the decision by the United States Court of Appeals for the Fifth Circuit to uphold specific safety standards in House Bill 2, the Pro-Life Omnibus Bill passed by the Texas Legislature in 2013, for which Texas Right to Life led the legislative effort.
In considering HB 2, SCOTUS will consider the vague notion of “undue burden” as originally addressed in the Court’s 1992 ruling in Planned Parenthood v. Casey. For over two decades, this nebulous standard has been used to dismantle Pro-Life legislation, and – although SCOTUS’ deference to the Fifth Circuit’s earlier ruling would have been a victory for HB 2 – the Pro-Life movement at large would welcome clarification of the tenuous “undue burden” standard.
In their petition, CRR argued that HB 2 is at odds with the state’s interest to promote health since abortion mills have closed as a result of non-compliance with the increased safety standards set forth in HB 2.
On the one hand, the abortion industry clamors for uninterrupted taxpayer funding for alleged “women’s healthcare,” denying they use fungible funds for abortion. On the other hand, the abortion industry insists on the right to operate in the absence of the basic health and safety standards to which similar medical professions are held.
Until SCOTUS completes a review of the constitutionality of HB 2, the law’s safety standards are delayed from taking effect in Texas. TexasRightToLife.com will feature updates as SCOTUS moves.