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Constitutional Law Keyed to Choper
Whole Woman’s Health v. Hellerstedt
Citation:
136 S. Ct. 2292 (2016)Facts
In 2013, Texas enacted House Bill 2, which contained two key provisions: (1) an admitting-privileges requirement mandating that physicians performing abortions have active admitting privileges at a hospital within 30 miles, and (2) a surgical-center requirement mandating that abortion facilities meet the minimum standards for ambulatory surgical centers. After the admitting-privileges requirement took effect, the number of facilities providing abortions in Texas dropped from about 40 to about 20. Evidence showed that if the surgical-center requirement took effect, only seven or eight facilities would remain operational in Texas, concentrated in four metropolitan areas. The District Court found that abortion in Texas was extremely safe before H.B. 2, with low rates of complications and virtually no deaths, and that the new requirements would not improve safety but would significantly reduce access to abortion services, especially for poor, rural, or disadvantaged women.
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