Whole Woman’S Healthv.Hellerstedt
Texas required abortion providers to obtain admitting privileges at nearby hospitals and required abortion facilities to satisfy standards governing ambulatory surgical centers. Providers challenged the provisions, and the lower courts entered and then reviewed injunctions against enforcement. The Supreme Court held that the regulations imposed an undue burden on access to abortion under the governing constitutional standard. The Court required a real connection between the health benefits asserted by the State and the burdens imposed on patients and providers. The record supported the district court’s finding that the admitting-privileges requirement offered little medical benefit while causing clinics to close, and that the surgical-center requirement imposed substantial obstacles without adequate health justification. The Court rejected the appellate court’s procedural treatment of the claims and reversed and remanded. The decision addressed the regulations as applied on the record before the Court and did not announce that every health-and-safety regulation is unconstitutional. Separate opinions disagreed over the evidentiary record, the appropriate level of deference, and the procedural effect of the judgment.
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