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Texas Right to Life files amicus brief in support of House Bill 2

by | Feb 4, 2016

By Texas Right to Life

texasrighttolifelogo_02Editor’s note. The following is excerpted from a post that ran at www.texasrighttolife.com/a/1995/Texas-Right-to-Life-files-amicus-brief-in-support-of-House-Bill-2#.VrOiatIrJko. Texas Right to Life is NRLC’s state affiliate.

Washington, D.C.– Texas Right to Life and Texas Eagle Forum have filed an amicus brief to the Supreme Court of the United States (SCOTUS) in support of House Bill 2, the Pro-Life Omnibus Bill that the Texas Legislature passed in 2013.

In the brief, the Pro-Life groups argue that SCOTUS has determined in the past that states have a right to pass and enforce higher safety standards for women undergoing elective abortions…

In the case before SCOTUS, the Center for Reproductive Rights, representing Whole Women’s Health, argues that the ambulatory surgical center requirements and the requirement for abortionists to obtain admitting privileges pose an undue burden for Texas women seeking elective abortions.

In Planned Parenthood v. Casey, SCOTUS stipulated that unnecessary regulations should be examined under the “undue burden” test.  Texas Right to Life notes the Texas law [passes this rational basis test].  Texas legislators passed HB 2 in response to the atrocities witnessed in the Kermit Gosnell case, the accusations against Houston abortionist Douglas Karpen, the low standards discovered in state inspections of abortion clinics, and the abortion industry’s refusal to self-regulate.  …

In the brief, Texas Right to Life and Texas Eagle forum argue

…The abortion clinics that close as a result of the safety standards enforced under HB 2 are not subject to an undue burden, but rather choose not to comply with the state’s interest of protecting the health and safety of Texas women.

Texas Right to Life spearheaded the legislative efforts to pass HB 2 in the Texas State Legislature in 2013 and has been involved in the two lawsuits challenging the commonsense law.  Texas Right to Life will be present at the SCOTUS arguments in March and covering developments in the court challenge until June, when a final decision from the high court is expected.

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