Supreme Court hears 2013 Texas abortion law

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Supreme Court hears 2013 Texas abortion law

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It's the first high profile issue to be heard by the justices, since Supreme Court Justice Antonin Scalia's death.
The Supreme Court heard oral arguments about Texas House Bill 2, which passed in 2013 that provided two major restrictions on the state's abortion clinics.     

"This law is cruel and harsh and it does nothing to advance medical health for women," a protester said.

Protesters lined the outside of the U.S. Supreme Court building, with one goal in mind.

"It's been a long and arduous that has lead us to this day but it is nothing compared to what the women of Texas will face if H.B. 2 is not struck down."

The 2013 law challenged by those who argue, it's restrictions against abortions make it nearly impossible for women to terminate a pregnancy.

"We called on the Supreme Court to step in and help us stand up to those bullies who are trying to control our bodies," the protester said.

"I guess I'm not surprised that it was challenged. I'm not surprised we won in the fifth circuit, and we're optimistic about winning in the Supreme Court," Texas Attorney General Ken Paxton said.

The first restriction mandates that any doctor who performs abortions must have admitting privileges at local hospitals. The second one requires abortion clinics to maintain 'minimum surgical standards.'

"It seems like the intent of the law is to force the closure of more abortion clinics," political science professor Mark McKenzie said.

The now eight justices have several options to consider. McKenzie said it all weighs on one, Justice Anthony Kennedy.

"He could make it a four-four tie, he could send it back down, delay the case to get more evidence, he could say hey let's hold it over for another term, or he could side with the liberals," McKenzie said.

McKenzie said Justice Kennedy is a wild card.

"So he's generally pro life, but he's one of those people that's like much of America, he sort of sits in the middle in terms of abortion issue, so he could go either way."

The answer isn't cut and dry.

"It's why we have a political body like the Supreme Court to ultimately decide such politically charged legal questions because there really isn't a definitive legal answer," McKenzie said.

A decision on the case will likely be handed down in June of this year. 
 

 Lieutenant Governor Dan Patrick defended House Bill 2 stating,

"H.B. 2 ensures the health and safety of women at facilities by holding the clinics to the same standards as ambulatory surgical centers while also requiring practitioners to have admitting privileges at hospitals within 30 miles of the facility. I fully support Paxton's effort and I remain committed to protecting women's health and safety when making such a fateful and life-altering decision. "

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