Supreme Court Sets a Limit on Anti-Abortion Laws

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The Supreme Court has overturned HB2, a Texas law designed to all but eliminate access to abortion in the state:

One part of the law requires all clinics in the state to meet the standards for ambulatory surgical centers, including regulations concerning buildings, equipment and staffing. The other requires doctors performing abortions to have admitting privileges at a nearby hospital.

“We conclude,” Justice Breyer wrote, “that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access, and each violates the Federal Constitution.”

HB2 was an obvious TRAP (Targeted Regulation of Abortion Providers) law. Its provisions do virtually nothing to protect women’s health, but they do make it nearly impossible for most abortion clinics, especially those outside large cities, to operate. In the aftermath of the law’s passage, the number of abortion clinics operating in Texas plummeted almost immediately.

It was obvious from the start that this ruling would split on partisan lines, with Anthony Kennedy as the tiebreaker. This means that probably the most important thing we’ve learned today is just how far Kennedy can be pushed. He’s voted in favor of several abortion restrictions over the past decade, but this one went too far. In practical terms, that means abortion opponents have tested the limits of what they can get away with, and the Texas law represents the outer boundary.

More here from the majority opinions.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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