Lawsuit challenges Texas abortion curbs
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[June 15, 2018]
By Jonathan Stempel
(Reuters) - An abortion provider that in
2016 persuaded the U.S. Supreme Court to void parts of a restrictive
Texas law on Thursday filed a new lawsuit challenging dozens of that
state's other curbs on the procedure as unconstitutional.
Whole Woman's Health Alliance and six nonprofits providing
abortion-related services said Texas' licensing, parental notification,
waiting period, ultrasound and other requirements violated women's due
process rights.
They said the requirements impose an undue burden on women's ability to
abort nonviable fetuses, with a disproportionate impact on the poor,
minorities and immigrants.
The complaint was filed in the federal court in Austin, Texas against
state officials including Attorney General Ken Paxton and health
services Commissioner John Hellerstedt, and seeks to block enforcement
of the challenged laws.
Marc Rylander, a spokesman for Paxton, called the challenged
requirements "common-sense measures" that protect women's lives and
reproductive health, and said the Supreme Court has upheld many similar
requirements in the past.
"It is ridiculous that these activists are so dedicated to their radical
pro-abortion agenda that they would sacrifice the health or lives of
Texas women to further it," he said.
In June 2016, the Supreme Court by a 5-3 vote struck down Texas'
requirements that doctors who perform abortions have admitting
privileges at nearby hospitals, and that abortion clinics have costly
hospital-grade facilities.
Critics said the requirements could have forced many Texas clinics to
close, especially outside major metropolitan areas.

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The majority decision in Whole Woman's Health v Hellerstedt was the
court's strongest endorsement of abortion rights since its 1992
reaffirmation of the constitutional right to abortion.
"It set a new standard of scrutiny, that states cannot pass
restrictions without proof of medical evidence and scientific facts
to justify them," Amy Hagstrom Miller, chief executive of Whole
Woman's Health, said in an interview on Thursday. "The decision gave
us leverage to look at other restrictions that Texas has long been
enforcing. We call it the 'big fix.'"
Many U.S. states, like Texas often led or dominated by Republicans,
have imposed new abortion limits in recent years.

There has long been speculation that Supreme Court Justice Anthony
Kennedy, 81, who joined the majority in the 2016 abortion case, may
retire soon, giving President Donald Trump a chance to make the
court more friendly to abortion opponents.
"The Supreme Court is always something we watch," Miller said. "We
don't have a magic 8-ball to predict its makeup, but women are being
affected by these laws every single day."
The case is Whole Woman's Health Alliance et al v Paxton et al, U.S.
District Court, Western District of Texas, No. 18-00500.
(Reporting by Jonathan Stempel in New York; Editing by Richard
Chang)
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