Supreme Court to Review Texas Abortion Case (CRS Report for Congress)
| Release Date |
Nov. 20, 2015 |
| Report Number |
WHOLE |
| Source Agency |
Congressional Research Service |
Summary:
Last week, the Supreme Court agreed to review Whole Woman’s Health v. Cole, a June 2015 decision by the U.S. Court
of Appeals for the Fifth Circuit (“Fifth Circuit”) involving a Texas abortion law and the legal standard that is used to
evaluate laws that regulate the abortion procedure. In Whole Woman’s Health, the Fifth Circuit upheld the Texas law’s
requirement that physicians who perform abortions must have admitting privileges at a hospital within 30 miles of the
location where the abortion is being performed. The Fifth Circuit’s decision also upheld the law’s requirement that
abortion facilities must satisfy the same standards as ambulatory surgical centers. The Supreme Court issued a stay of
the Fifth Circuit’s decision shortly after it was issued. That stay will remain in place until the Supreme Court renders a
final decision in the case. Whole Woman’s Health will be the first substantive abortion case to be heard by the Supreme
Court since 2007.
