The U.S. Supreme Court on Monday handed a victory to abortion rights advocates, striking down a Texas law imposing strict regulations on abortion doctors and facilities that its critics contended were specifically designed to shut down clinics.
The 5-3 ruling held that the Republican-backed 2013 law placed an undue burden on women exercising their constitutional right to end a pregnancy established in the landmark 1973 Roe v. Wade decision. The normally nine-justice court was one member short after the Feb. 13 death of conservative Justice Antonin Scalia, who consistently opposed abortion in past rulings.
Conservative Justice Anthony Kennedy joined liberal members of the court in ruling that both key provisions of the law violate a woman’s constitutional right to obtain an abortion.
All three Jewish justices voted with the majority.
By setting a nationwide legal precedent that the two provisions in the Texas law were unconstitutional, the ruling imperils laws already in place in other states.
Texas had said its law, passed by a Republican-led legislature and signed by a Republican governor in 2013, was aimed at protecting women’s health. The abortion providers had said the regulations were medically unnecessary and intended to shut down clinics. Since the law was passed, the number of abortion clinics in Texas, the second-most-populous U.S. state with about 27 million people, has dropped from 41 to 19.
Democratic President Barack Obama’s administration supported the challenge brought by the abortion providers.
The Texas law required abortion doctors to have “admitting privileges,” a type of formal affiliation that can be hard to obtain, at a hospital within 30 miles (48 km) of the clinic so they can treat patients needing surgery or other critical care.
The law also required clinic buildings to possess costly, hospital-grade facilities. These regulations covered numerous building features such as corridor width, the swinging motion of doors, floor tiles, parking spaces, elevator size, ventilation, electrical wiring, plumbing, floor tiling and even the angle that water flows from drinking fountains.
The last time the justices decided a major abortion case was nine years ago when they ruled 5-4 to uphold a federal law banning a late-term abortion procedure.
Some U.S. states have pursued a variety of restrictions on abortion, including banning certain types of procedures, prohibiting it after a certain number of weeks of gestation, requiring parental permission for girls until a certain age, imposing waiting periods or mandatory counseling, and others.
Americans remain closely divided over whether abortion should be legal. In a Reuters/Ipso online poll involving 6,769 U.S. adults conducted from June 3 to June 22, 47 percent of respondents said abortion generally should be legal and 42 percent said it generally should be illegal.
Views on abortion in the United States have changed very little over the decades, according to historical polling data.