Sandy Rosen and Margot Mendelson, a former RBGG associate now with the Prison Law Office, published an article on Casetext on July 18, 2016, Supreme Court Debunks Pseudoscience Justifications for Government Action Impinging on Fundamental Constitutional Rights.

“On June 24, 2016, the Supreme Court held that Texas restrictions on abortion providers constituted an undue burden on a woman’s constitutionally protected right to choose.  The Texas law required that abortion providers possess admitting privileges at local hospitals and that facilities providing abortions meet stringent licensing requirements for ambulatory surgical centers.  Justice Breyer’s majority opinion in Whole Woman’s Health v. Hellerstedt held that these requirements unconstitutionally limited a woman’s right to choose because they failed to provide medical benefits to justify the obstacles they placed in the path of a woman seeking to terminate her pregnancy.

The decision is a tremendous victory for women in Texas and other states that have mounted sideways attacks on a woman’s right to choose through licensing and regulatory provisions that dramatically restrict access to abortion based on purported health and safety concerns.  More broadly, the decision vindicates the vital role of the courts in scrutinizing health and safety rationales advanced to justify government actions that limit personal liberty.  .  . .”  Read the full article.