
Tag Archives: Abortion
SCOTUS Opinion: Court Permits Pre-Enforcement Challenge to Texas Abortion Law By Clinics, Not The Federal Government
The Court today resolved both challenges to Texas’ new abortion law, S.B. 8, which empowered private citizens to sue those who provided an abortion when a fetal heartbeat is detectable. In Whole Women’s Health v. Jackson, an abortion clinic sued a variety of defendants, seeking to enjoin enforcement of S.B. 8. The last time that case was before the Court, ... Read More
High Court Puts Abortion Cases On Fast Track
Without waiting for rulings on the merits by the Fifth Circuit, the Court today granted certiorari before judgment in both of the cases challenging the Texas Heartbeat Law (otherwise known as S.B. 8), which permits civil lawsuits to be filed by anyone against those who provide an abortion after a heartbeat is detectable. Both Whole Women’s Health v. Jackson and ... Read More
SCOTUS Opinion: Bare Majority Of Court Allows Texas Abortion Law To Go Into Effect
The Texas Heartbeat Act created a private right of action to sue anyone who performed or assisted in performing an abortion after a heartbeat had been detected in a fetus—generally after about six weeks from conception, but well before the viability benchmark established in Roe v. Wade, 410 U.S. 113 (1973). Abortion providers sued a state court judge, a state ... Read More
SCOTUS Opinion: Narrow Majority Strikes Down Louisiana Abortion Law
The Louisiana law at issue in June Medical Services, LLC v. Russo was practically identical to the Texas law the Court struck down in Whole Women’s Health v. Hellerstedt, 579 U.S. ___ (2016), which required abortion providers to hold active admitting privileges at a hospital within 30 miles of where they perform abortions. Since that time, however, one member of ... Read More
SCOTUS Opinion: Court Upholds Law Regarding Disposal Of Aborted Fetus Remains
Indiana passed a law preventing abortion providers from treating aborted fetuses as waste that could be incinerated with surgical byproducts, and also barred abortion providers from conducting abortions when the mother’s reason for aborting was sex, race, or disability selective. The Seventh Circuit invalidated both provisions, holding that the first was not rationally related to a legitimate government interest, and ... Read More
Court Strikes Down Abortion Notices Under First Amendment
A number of pro-life crisis pregnancy centers mounted a First Amendment challenge to a California law that required licensed medical providers to provide a notice to its patients of the availability of free or low-cost services, including abortions, and required each unlicensed pro-life medical provider to notify patients that it was not licensed. The centers requested a preliminary injunction, which ... Read More
Court Dismisses As Moot Lawsuit Over Unlawful Immigrant’s Abortion
When a pregnant minor unlawful immigrant sought to get an abortion while in the custody of the Office of Refugee Resettlement, the Office’s policy prohibited her from getting an abortion without the Director’s permission. The minor moved for a temporary restraining order of the policy, which the district court granted. The minor then attended preabortion counseling as required under Texas ... Read More
TAGGED: scotus, Azar v. Garza, Abortion, Dismisses As Moot