Women Justices Blast Texas Anti-Choice Law

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“With the death of Supreme Court Justice Antonin Scalia, the Supreme Court has only eight justices opening the way for a 4-4 tie in what many see as the biggest abortion case in a generation. Such a tie could leave in place a lower court ruling largely upholding the Texas law, potentially impacting other states in the same appeals court circuit—Mississippi, which has just one abortion clinic, and Louisiana, where a similar admitting privileges law threatens to close all but one clinic in the state. During the arguments, the three women on the Supreme Court led the criticism of the Texas abortion restrictions. Ruth Bader Ginsburg questioned Texas’ argument that the restrictions don’t create an undue burden because women can travel to a clinic across state lines in New Mexico, where the same restrictions are not in place. “That’s odd that you point to the New Mexico facility,” Ginsburg said. “If your argument is right, then New Mexico is not an available way out for Texas, because Texas says: To protect our women, we need these things. But send them off to New Mexico … and that’s perfectly all right.”


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