Tuesday would have been the last day of operation for聽10 Texas clinics that provide abortion. But on Monday聽the U.S. Supreme Court, in one of its final actions this session, said the clinics can remain open while clinic lawyers ask the Court聽for a full review of a strict abortion law. Two dozen states have passed regulations similar to the ones being fought over in Texas.
Two years ago, when Texas passed one of the toughest laws in the country regarding abortion, the number of clinics offering the procedure dropped from 41 to 19.聽Amy Hagstrom Miller, chief executive of Whole Woman鈥檚 Health, has already聽closed two clinics in Texas because of the law and was about to close two more.
鈥淗onestly I just can鈥檛 stop smiling,鈥� Hagstrom Miller said.聽鈥淚t鈥檚 been so much up and down 鈥β爏o much uncertainty for my team and the women that we serve.鈥�
The Texas law says doctors who perform abortions must have admitting privileges at a nearby hospital. But some hospitals are reluctant to grant those privileges聽because of religious reasons or because abortion is so controversial.
The law also requires that clinics meet the same standards as outpatient surgery centers. Those upgrades can cost $1 million聽or more.
鈥淚t鈥檚 an example of the rash of laws 鈥β爐hat have taken a sneaky approach by enacting regulations that pretend to be about health and safety but are actually designed to close down clinics,鈥� said Nancy Northrup, chief executive of the Center for Reproductive Rights, which is representing clinics in their fight to overturn the Texas law.
Supporters of the law say every woman deserves good medical care whatever the procedure.
鈥淲hile we hope that she would not be compelled to choose abortion, we hope that her life would of course not be at risk should she choose to do that,鈥� said Emily Horne of Texas Right to Life.聽鈥淧ro-life does not just mean care for the life of the unborn child, it鈥檚 care for the life of the woman undergoing the abortion as well.鈥�
The law has聽had a drastic effect in Texas, the country鈥檚 second most populous state, leaving most of the remaining clinics in major cities.
There鈥檚 just one clinic left along the Mexican border and one in far west El Paso 鈥� they were among the nine about to shut down.
If they had closed, the women there faced roundtrips of 300 miles or more to get an abortion.
Hagstrom Miller says all these clinic rules and the doctor restrictions are a deliberate strategy waged by anti-abortion groups.聽鈥淭hey鈥檙e going state by state by state,鈥� she said.聽鈥淭hey can鈥檛 make it illegal, so they鈥檙e basically making it completely inaccessible.鈥�
Other states that have passed similar laws are also facing legal challenges.
Emily Horne, of Texas Right to Life, says her group would welcome a legal review by the U.S. Supreme Court.
鈥淲ith this case, issuing some more guidance on that could be very helpful for the pro-life movement in determining what courses to pursue, which laws they might pass in other states in the future.鈥�
The聽clinics in Texas can stay open at least until聽the fall. If the court decides to take the case, it would hear arguments in its next term that starts in October.
This story is part of a reporting partnership that includes , and Kaiser Health News.