Today’s Supreme Court decision on HB2 is morally wrong, constitutionally wrong and wrong for women’s health in the State of Texas. The decision deals another blow to our federal system and the ability of states to properly ensure the health and safety of the people. I was proud to co-author this legislation in 2013 and I promise to continue the fight.
The point of this bill was to provide common sense medical standards to a procedure that can have lethal complications for many women. While many of us believe abortion is morally wrong, we recognize the courts have ruled on its legality. Nonetheless, that ruling does not take away our responsibility to protect women’s health. In fact, it amplifies it. There is no federal authority to regulate health and safety at abortion clinics, so if Texas does not do so, there simply is no regulation at all.
Texas’ pro-life law was adopted to improve medical standards for abortion clinics. Yet now, the Court has held that these medical standards have no rational basis in law and that requiring facilities to meet certain minimum standards of care is unconstitutional. Under Texas Law, ambulatory surgical center means a facility that provides surgical services to patients who do not require overnight hospital care. That encompasses abortion procedures.
This ruling shows clearly that different rules apply based on what constitutional perceived right is involved. Under the constitution, states are allowed to regulate health, safety, welfare, and morals. That ability has been completely undermined by the Supreme Court. Justice Breyer and his colleagues concluded that neither of these provisions of HB2 (admitting privileges for physicians and ambulatory surgical center standards for abortion facilities) offers “medical benefits sufficient to justify the burdens upon access that each imposes.”
Justice Thomas hit the nail on the head when he said that the Court “applies different rules to different constitutional rights, especially…the right to abortion.”
Justice Alito further elaborated, “when we decide cases on particularly controversial issues, we should take special care to apply settled procedural rules in a neutral manner. This Court has not done that here.”
Federalism is the backbone of the American system, yet at every turn, the Supreme Court continues to consolidate power in Washington and leave the states and the people stripped of our rights.
