The Supreme Court won’t rule on RU-486 abortions

[Emit]

In Oklahoma, the Supreme Court took off of its docket a plea by the state of Oklahoma to revive a law that restricts doctors’ use of drugs rather than surgery to perform an abortion with the medication RU-486:

The Supreme Court took off of its docket, and thus will not decide, a plea by the state of Oklahoma to revive a law that restricts doctors’ use of drugs rather than surgery to perform an abortion with the medication RU-486 and others. In a one-sentence order, the Court dismissed as “improvidently granted” the case of Cline v. Oklahoma Coalition for Reproductive Justice (docket 12-1094). In issuing other orders, the Court granted no new cases for review.

~snip~

The Oklahoma medical abortion case had been granted review last June by the Court but, at that time, the Court asked the Oklahoma Supreme Court to clarify the scope of the 2011 state law that restricted medical abortion procedures. Last week, the state court answered the questions, saying that the state law was so broad that it would outlaw any abortions in the state using drugs rather than surgery.

The Justices had put their review of the Cline case on hold until after getting the state court’s reply. With that in hand, the Court simply chose to end its review of that case without a decision. That makes final the state court’s earlier decision striking down the law. That means that, at least for the time being, lower courts will be left to review the constitutionality of an increasing number of state laws that limit or ban medical abortions.

Meanwhile in Texas, the Court was asked to block the new Texas law forbidding abortions to be performed in a clinic without hospital privileges within 30 miles. This new Texas law also includes a restriction on doctors’ option of performing medical abortions with RU-486 and other medications.

The application to set aside that order went to Justice Antonin Scalia, who has the authority to decide the issue himself:

Meanwhile, a group of women’s health clinics and doctors in Texas asked that the Court block at least temporarily a new Texas law that forbids doctors to perform abortions at a clinic unless those physicians have professional privileges at a hospital within 30 miles of that site. The Fifth Circuit Court on Thursday allowed that requirement to go into effect, resulting in closing a number if abortion clinics across the state. The application to set aside that order was filed initially with Justice Antonin Scalia, who is the Circuit Justice for the geographic area that includes Texas. He has the authority to decide the issue himself, or share it with his colleagues.

The application is Planned Parenthood of Greater Texas Surgical Health Services v. Abbott (13A452). Justice Scalia immediately asked for the state to respond by 4 p.m. on Tuesday, November 12. The new Texas law also involved a broad restriction on doctors’ option of performing medical abortions with the drug RU-486 and other medications, and that, too, has been allowed to take effect at least in part. The abortion providers’ request to the Supreme Court on Monday, however, did not ask the Justices to take any action on that provision.

~snip~

Justice Scalia’s request to the state of Texas for a response to the application will leave that provision in effect for at least another eight days. The abortion providers, in their application, said that “in just the few short days since” the Fifth Circuit acted, “over one-third of the facilities providing abortions in Texas have been forced to stop providing that care and others have been forced to drastically reduce the number of patients to whom they are able to provide care. Already, appointments are being cancelled and women seeking abortions are being turned away.”

http://www.scotusblog.com/2013/11/court-wont-rule-on-ru-486-abortion/

[lastlib]

1. good that the Oklahoma case was settled favorably.

Sad to hear that Injustice Scalia will rule on the Texas case. That doesn't bode well.

[gopiscrap]

2. good