Whether Texas may impose onerous burdens on the state’s abortion clinics when the evidence shows that the challenged provisions undermine rather than promote women’s health.
This suit challenges two provisions of Texas law. One requires doctors performing abortions to have admitting privileges at a hospital within 30 miles of the clinic; the other requires abortion clinics to meet the standards for an ambulatory surgical center.
In its amicus brief, the ACLU argues that courts must examine a state’s claim that its regulatory scheme in fact advances women’s health and that these provisions do not, based not only on the record in Texas but on similar challenges to admitting privilege requirements in Alabama and Wisconsin.
