In a dramatic ruling, the Supreme Court on Monday threw out a Texas abortion access law in a victory to supporters of abortion rights who argued it would have shuttered all but a handful of clinics in the state.
The 5-3 ruling is the most significant decision from the Supreme Court on abortion in two decades and could serve to deter other states from passing so-called "clinic shutdown" laws.
In joining with the liberal justices, perennial swing vote Justice Anthony Kennedy helped deliver a victory to abortion rights activists and signaled the court's majority in their favor could continue regardless of the presidential election and the filling of the empty seat on the bench left by the death of conservative Justice Antonin Scalia.
Justice Stephen Breyer wrote the majority opinion, which was joined in full by Kennedy. Breyer wrote that despite arguments that the restrictions were designed to protect women's health, the reality is that they merely amounted to burdening women who seek abortions.
"There was no significant health-related problem that the new law helped to cure," Breyer wrote. "We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an "undue burden" on their constitutional right to do so."
Justice Ruth Bader Ginsburg joined Breyer's opinion and wrote a brief concurring opinion, which focused on what she called women in "desperate circumstances."
"When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety," she wrote.
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