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Family Law Keyed to Weisberg
Whole Woman’s Health v. Hellerstedt
Citation:136 S.Ct. 2292 (2016)
Texas abortion providers challenged the constitutionality of two provisions of Texas House Bill 2. The first provision is the “admitting-privileges requirement” requires that a physician performing or inducing an abortion must, on the date of the service, have active admitting privileges at a hospital located no more than 30 miles from the abortion facility. The second provision is the “surgical-center requirement” under which an abortion facility must meet the minimum standards for ambulatory surgical centers. The district court enjoined enforcement of both these provisions, noting that they created an “impermissible obstacle as applied to all women seeking a previability abortion.” The Fifth Circuit reversed, finding that both provisions were rationally related to the state’s interest in protecting women’s health. The Texas abortion providers then appealed to the US Supreme Court.
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