October 14, 2014 8:01 pm -

On Tuesday the Supreme Court blocked a federal appeals court ruling that was forcing many abortion clinics in Texas to close. The ruling barred Texas from enforcing an abortion regulation that left only seven clinics open in the state.

[su_center_ad]The Supreme Court’s order, which was five sentences long, will allow the clinics to remain open while appeals proceed, The New York Times reports.

The Statesman reports:

The regulation, requiring clinics to meet the same standards as ambulatory surgical centers, was declared unconstitutional in August by U.S. District Judge Lee Yeakel, who ruled that the requirement was designed to limit access to abortion by shutting down clinics, not improve women’s health as legislators had argued.

After Texas appealed, the 5th U.S. Circuit Court of Appeals ruled Oct. 2 that the state could enforce the regulation while its appeal continued.

Late Tuesday afternoon, the U.S. Supreme Court reversed the lower appeals court — barring Texas from enforcing the surgical-center regulation — in a 6-3 order that did not elaborate on the court’s reasons. The order added that Justices Antonin Scalia, Samuel Alito and Clarence Thomas would have denied the request to overturn the 5th Circuit Court, filed last week in an emergency motion by abortion providers.

This is a win for women’s rights.

Lawyers with the Center for Reproductive Rights told the Court, “If the stay entered by the Fifth Circuit is not vacated, the clinics forced to remain closed during the appeals process will likely never reopen.”

The center’s brief said that the appeals court ruling meant that “over 900,000 Texas women of reproductive age, more than a sixth of all such women in Texas, now reside more than 150 miles from the nearest Texas abortion provider, up from 86,000 prior to the enactment of the challenged act.”

In response, Greg Abbott, Texas’ attorney general and the Republican candidate for governor — Wendy Davis’ opponent —  told the justices that “it is undisputed that the vast majority of Texas residents (more than 83 percent) still live within a comfortable driving distance (150 miles)” of an abortion clinic in compliance with the law. Others live in parts of the state, he said, that did not have nearby clinics in the first place.

Abbott said those in the El Paso area could obtain abortions across the state line in New Mexico. Although, he didn’t specify how women scraping by on low incomes could afford to do as such.

H/T: LL’s Mod God, @Mea_Mark, with thanks.[su_csky_ad]

D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.

37 responses to Supreme Court Bars Texas From Enforcing Draconian Abortion Law, Clinics To Stay Open

  1. KABoink_after_wingnut_hacker October 14th, 2014 at 8:07 pm

    The sign that young woman is carrying in your picture is absolutely spot on!.

    • Carla Akins October 14th, 2014 at 9:09 pm

      My personal fave is:

      • Bunya October 14th, 2014 at 9:46 pm

        LOL! That’s a good one.

      • tiredoftea October 14th, 2014 at 11:13 pm

        Mine, too!!

      • William October 15th, 2014 at 12:15 am

        This is my favorite

        • Carla Akins October 15th, 2014 at 4:47 am

          I remember him.

        • fahvel October 15th, 2014 at 6:11 am

          if his intent is anti abortion it’s too damn bad his mother didn’t decide on one some years ago!

        • Rusty Shackleford October 15th, 2014 at 9:49 am

          Hey now, it’s POSSIBLE he’s a trans man. Not likely, given the religious right’s treatment of trans people, but POSSIBLE.

      • fahvel October 15th, 2014 at 6:09 am


    • R.J. Carter October 15th, 2014 at 9:22 am

      “Keep your rosaries off my ovaries.”

      Keep your vagina out of my wallet.

      • Rusty Shackleford October 15th, 2014 at 9:47 am

        Who is putting it in your wallet? Be specific, this should be good.

      • R.J. Carter October 16th, 2014 at 12:34 pm

        Obvious homoinsulting troll is obvious.

        • Anomaly 100 October 16th, 2014 at 12:42 pm

          Question: Why do you have vaginas in your wallet? I thought they belonged in binders. Also, be carful when you answer. I will tell Mrs. R.J. on you. (I snitch)

  2. arc99 October 14th, 2014 at 8:12 pm

    So for the time being, Justice Kennedy and Chief Justice Roberts have decided in favor of the pro choice position.

    I will just say for the gazillionth time, this story is a reminder to those who are frustrated by the President’s move to the center, and are tempted to stay home in 2016.

    The next President will be selecting at least one and perhaps as many as three new justices over the course of two 4 year terms. The occupant of the White House has an impact long after he (or she?) leaves office.

    Do not stay home in 2016. Or 2014 for that matter. Every vote counts!

    • tiredoftea October 14th, 2014 at 8:14 pm

      Justice Ginzberg said as much recently and will not retire!

      • arc99 October 14th, 2014 at 8:21 pm

        Whatever her personal plans might be, and I wish her all the best, the fact is that in January 2025 when the 45th President (whomever that might be) finishes two terms, she would be 92 years old. I like Justice Ginsberg as much as anyone. I wish we had more like her. But no matter how much we need and respect her as a justice, she is not immortal.

        • NW10 October 14th, 2014 at 8:24 pm

          Exactly. I’m betting that Ginsberg is biding her time until 2016, and watching which party controls the White House. She’ll probably retire sometime after 2017 regardless, which means we need to do our jobs and keep the Senate and White House Democratic. We can’t allow anymore Roberts’ or Alito’s on the bench.

          • tiredoftea October 14th, 2014 at 8:30 pm

            Unfortunately, that’s what we will be getting until Dems (with backbone) control Congress.

          • NW10 October 14th, 2014 at 8:39 pm

            That’s another whine I tire of, “Democrats have no backbone.”

            Democrats can’t have a backbone until they have a functioning majority in the Congress which means a majority in the House, at least 60 votes in the Senate. What do you expect Democrats to do with a House full of the worst GOP in the history of the Republic?

          • tiredoftea October 14th, 2014 at 8:51 pm

            Sorry, but recent history proves me correct. Dems had all you cite in 2008 after Obama was elected the first time, and we got a watered down, weak bill called the ACA. Obama and Dems negotiated among themselves to give away drug prices identical to Medicare rules, not to mention unrestricted Medicare for all. They didn’t need Repubs to give those things away, they took them off the table before they got to the table!

            Dems with backbone? They died with LBJ! We have lefty Republicans masquerading as Dems.

          • searambler October 14th, 2014 at 9:22 pm

            Well, technically, we only had a super-majority in the senate for a few months in 2009. With 58 Dems and 2 Independents who sided with the Dems. Until Kennedy passed away in August that year and we ended up with ‘Wall Street’ Scott Brown, eliminating our filibuster-proof majority. And ushering in the Congress that saw the most filibusters in history.

          • verafish October 14th, 2014 at 9:24 pm

            …not to mention Franken’s election not being verified for eight months.

          • tiredoftea October 14th, 2014 at 10:06 pm

            Yes, and that was more than enough time to get an amazing healthcare bill done. Obama failed to produce what he campaigned on and the Dems didn’t push him. They were, and are, centrists, at best, closeted Republicans at most.

          • Tommy6860 October 14th, 2014 at 9:14 pm

            And until the 2020 census, I don’t think the dems can’t get back congress until the younger folks counted in 2020, reverse some of the gerrymandering by the wingers.

          • tiredoftea October 14th, 2014 at 10:13 pm

            True, the gerrymandered districts deliver a disproportionate number of Repubs to Congress, despite Dems winning more votes.

        • tiredoftea October 14th, 2014 at 8:29 pm

          She stated that there is no way anyone like her could get through Congress anymore. And, she is absolutely right! She’s fit, uncommonly bright and enjoys her work.

        • fahvel October 15th, 2014 at 6:07 am

          but maybe her mind and her justice will be immortalized.

  3. tiredoftea October 14th, 2014 at 8:13 pm

    The same rationale to take back voting rights is underlying this argument. Targeting legitimate, Constitutionally protected women’s healthcare with unreasonable laws and restrictions must ultimately be seen as what they are by the courts.

    • searambler October 14th, 2014 at 9:15 pm

      True. Except, the SC isn’t impartial. It is the most conservative court in a hundred years. And the most activist, legislating from the bench instead of from the Constitution. Thanks in large part to the three worst Justices in SC history: Antonin Scalia, Samuel Alito and Clarence Thomas.

      • tiredoftea October 14th, 2014 at 10:09 pm

        I absolutely agree. Which is why the stay is surprising and encouraging. The most conservative judges are in the minority. There’s hope for reaffirming Roe in the 21st century despite forty years of right wing attacks and the right wing SCOTUS dream team??

  4. Obewon October 14th, 2014 at 8:54 pm

    Conservative majority SCOTUS keeps proving to today’s GOP regressive’s, that social cons are so far-far off the deep end, not even the Pope agrees with RWNJ’s today.

  5. Tommy6860 October 14th, 2014 at 9:11 pm

    News we liberals sorely needed today! Now, if only Scalia and Thomas would only step down :).

    • tracey marie October 14th, 2014 at 10:47 pm

      Texas has now been slapped by disallowing voter suppresion and choice. Let us see how this pans out in the long run.

    • Dwendt44 October 15th, 2014 at 12:05 pm

      And take Alito with them.

  6. searambler October 14th, 2014 at 10:51 pm

    I wonder how many Republican laws have been ruled unconstitutional, versus laws enacted by Democrats? It’s gotta be ten to one, a hundred to one? More?

  7. fahvel October 15th, 2014 at 6:05 am

    any woman, any woman who votes republican in the usa is out of her f’n mind and should abdicate any rights she believes she has as a female!!!!!!!!!!!!!!

    • R.J. Carter October 15th, 2014 at 9:21 am

      Anyone who declares that someone is out of their mind because their ideology is different should abdicate any rights to believe they’re a human being.

      See how that works?