Clare Huntington was quoted in a Law360 article about the Supreme Court’s 5-3 vote that struck down a Texas law regulating the state’s abortion clinics.
Clare Huntington, Fordham Law School
“This is a clear-cut win for supporters of reproductive health. The Supreme Court held that states must be much more careful when regulating providers of reproductive health services and that states cannot simply claim to be protecting women’s health. States must prove that they are doing so and that the benefits to women’s health outweigh the burden on the constitutionally protected right of a woman to choose whether to proceed with a pregnancy. The Supreme Court’s decision makes clear that courts will scrutinize claims by legislatures. The Supreme Court underscored the independent duty of courts to collect evidence and make factual determinations. The court’s opinion is particularly attuned to the real world effects of the Texas regulations, describing at length the challenges posed by traveling long distances and the concerns about the health care available to women in ‘crammed-to-capacity’ clinics.”